BOISE, Idaho — Update: As of 11 a.m. on Wednesday, an hour after the scheduled execution for Thomas Creech, Idaho Department of Corrections announced that they were unable to proceed with the execution due to an inability to find a vein for the IV for the lethal injection.
Thomas Creech, Idaho's longest standing inmate on death row, will be executed on Wednesday, barring the motions filed by Creech's legal team on Monday.
On Feb. 26, two days before the planned execution, Creech's legal team filed two documents. One was a petition for writ of certiorari, which is when a higher court reviews the case of a lower court. The second document was an application for a stay of execution.
Creech's legal representatives are arguing that the Supreme Court must review his case, saying the prosecution presented false evidence.
In the writ of certiorari, the defense is arguing that the evidence of Creech's sock filled with batteries, a weapon that may have been used to kill his cellmate in 1981, was not in fact the weapon and was just a random pair of socks found in Creech's cell.
The defense continues by saying the case was never solved, and there has been no new evidence.
In the application for stay of execution, Creech's defense team appealed to Justice Elena Kagan, who is the circuit justice for the Ninth Circuit Court. The defense argues that while the court examines the writ of certiorari, the execution must be delayed, or canceled.
If both documents are approved by the Supreme Court, Creech will avoid this execution attempt.
Back in 1981, KTVB sat down and interviewed Creech. To watch the full 27-minute video visit our YouTube here.
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