Tennessee Supreme Court Pushes Back Billy Ray Irick’s Execution Date, Again

Billy Ray Irick’s exeuction date has been pushed back to an indefinitely. Credit: Michael Patrick/Knoxville News Sentinel

The Tennessee Supreme Court has pushed back the execution date of Billy Ray Irick, whom a jury convicted of murder in 1985. He was scheduled to be put to death on Oct. 7.

Irick and 10 other convicted murderers on death row are suing the state of Tennessee for shielding the source of its lethal injection drug, pentobarbital. The lawsuit also calls the electric chair a form of cruel and unusual punishment. State lawmakers last session made the electric chair the official death penalty default if lethal injection is not an option — which Irick’s attorney called a “cynical ploy.”

During lawsuit’s discovery phase, attorneys representing the state of Tennessee refused to reveal the identities of the members of the execution team.  A court determination on whether the state is obligated to do so is now under review, and the recent appeal arises from this dispute.

Irick, 56, was sentenced to death for the rape and murder of a little girl he was babysitting. His appeals have been spilling forth since then. They range from the insanity plea to the current contention that the state’s method of execution is opaque.

Earlier in the week, state officials selected media witnesses for Irick’s execution and said they were prepared to administer a lethal injection drug to kill Irick. Before Irick’s execution is carried out, the pending litigation has to be resolved.

The last execution in Tennessee occurred in 2009. And although no executions have occurred while Gov. Bill Haslam has been in office, the attorney general’s office requested execution dates for 10 death row inmates, the highest number of sought at once in state history.