Fulton County Judge Grants Hill’s Injunction, Stays Execution

Elly Yu/for WABE

A Fulton County judge granted Warren Lee Hill, Jr.’s injunction Thursday afternoon, upholding a stay of execution. Listen to a broadcast version of this story.

Chief Deputy Judge Gail Tusan ruled that the Georgia death row inmate can challenge the constitutionality of a state law regarding Georgia’s execution drug. 

After hearing arguments from the state and Hill’s attornies, Judge Tusan said Hill, in her opinion, had met the burden to challenge the law.

Just this month, a state law went into effect  that shields the identity of the manufacturers or suppliers of the state’s lethal injection drug. In this case, it’s Pentobarbital.

Hill’s attorneys told the judge, the law failed in constitutionality and in due process.

Dr. Larry Sasich, a witness called by Hill’s attorneys, testified the compound drugs do not meet FDA standards and are often tainted.

Meanwhile, the state argued that no harm would come to Hill because of the small of amount of the drug. 

Testifying on the state’s behalf was Dr. Jacqueline Martin, deputy chief medical examiner for the Georgia Bureau of Investigation. 

She told the court, that in her opinion, the drug would have no harm even if contaminated.

However, in her ruling, Judge Tusan said Hill’s Eighth amendment was in violation. 

Now, the state is appealing this ruling and Hill could still be executed tomorrow evening at 7 p.m.

Check back for updates.