No Stay!

A federal magistrate judge has denied a stay of execution for convicted killer Paul Ezra Rhoades. The 43-page decision from Magistrate Judge Ronald Bush came down late Monday afternoon.

Rhoades, who was convicted of killing three people and sentenced to die for two of the murders, is scheduled to be executed at 8 a.m. this Friday. Rhoades' attorneys challenged the method of lethal injection used by the state of Idaho. Rhoades' attorneys claim the three-drug method of lethal injection used by the Department of Correction is cruel and unusual punishment. Attorneys for the state counter pain would only occur if the first drug was administered incorrectly. Rhoades' attorneys also challenged the competency of the execution teams. The execution team is scheduled to run through at least 10 practice drills prior to the execution. The state says the team is following established protocols and has already been upheld by the U.S. Supreme Court.