AURORA | The state court of appeals Thursday rejected Nathan Dunlap’s arguments against the state’s lethal injection rules, bringing the convicted killer’s case one step closer to execution.
Dunlap’s lawyers had argued that the Colorado Department of Corrections didn’t follow state rules in establishing their lethal injection protocols and that details about how an execution will be carried out remain secret. But in a ruling handed down Thursday, the Colorado Court of Appeals sided with a lower court in rejecting Dunlap’s argument.
The details about carrying out a lethal injection are the DOC director’s responsibility, the courts said, and judge’s don’t have jurisdiction over those details.
Dunlap’s lawyers said in a statement Thursday that they plan to appeal to the Colorado Supreme Court.
“No execution should be allowed to take place in Colorado until – at a minimum – that court has had a full and fair opportunity to review this issue,” the lawyers said.
Colorado law mandates that executions be carried out via lethal injection and according to the state Department of Corrections, executioners use a lethal cocktail of sodium thiopental, pancuronium bromide and potassium chloride.
But experts say thiopental is not available anymore, so states have to find a different mix of drugs for their executions. DOC has not said publicly what mix of drugs they plan to use to execute Dunlap.
Dunlap, who was convicted of killing four people at an Aurora Chuck E. Cheese restaurant in 1993, has exhausted his appeals and is scheduled to appear in Arapahoe County District Court next week for a judge to set an execution date.
His lawyers are expected to ask Gov. John Hickenlooper for clemency.