Judge rejects Arizona prisoner's bid to delay execution

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Judge rejects Arizona prisoner's bid to delay execution
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JUST IN: A federal judge has denied Frank Atwood's bid to delay his execution in the 1984 killing of a Tucson 8-year-old girl, according to the ruling posted Sunday. abc15

PHOENIX — A federal judge has denied an Arizona prisoner's bid to delay his execution in the 1984 killing of an 8-year-old girl, according to the ruling posted Sunday.

The constitution, Liburdi wrote,"does not require a pain-free execution," and that Atwood's position will be similar to what he typically assumes in his cell to limit pain. That's because the state's use of cyanide gas would also cause excruciating pain, leaving him to choose between two"torturous" executions methods. And, they say, he's not allowed to challenge the use of cyanide unless he chooses that method.RELATED: Family retells story of 1984 murder ahead of inmate's execution

As part of Atwood's argument to get his execution delayed, his lawyers questioned whether the compounded pentobarbital to be used in the execution meets pharmaceutical standards and whether the state has met a requirement that the drug's expiration date falls after the execution date.Two weeks ago, Atwood declined to choose between lethal injection or the gas chamber, leaving him to be put to death by lethal injection, the state's default execution method.

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