Robert Fratta's Tuesday execution was in limbo after a Texas judge prohibited the state...
Jason Clark. Chief Of Staff at Texas Department of Criminal Justice speaks after Robert Fratta’s execution at the Texas State Penitentiary Walls Unit on Tuesday, Jan. 10, 2023 in Huntsville. Fratta’s execution was moved forward after a Travis County judge issued an injunction over using expired lethal injection drugs. Fratta, a former police officer, was convicted in the 1994 death of his estranged wife, 33, in a murder-for-hire plot he orchestrated.
The Court of Criminal Appeals ultimately tossed out Judge Mauzy’s ruling and the state Supreme Court allowed the execution to continue. “When drugs are this old, the pharmaceutical properties of the drugs themselves change,” Kursman said during the hearing. Almgren noted that changes in pentobarbital's color is a “major concern” and it can be an indicator of the decreased potency of the drug.
The decision in Austin set off a chain reaction in the legal system. After the decision came down, Fratta’s attorneys filed a motion in Harris County’s 230th District Court to withdraw his execution date because of the injunction.
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