Judge Refuses to Delay May 3 Execution in Alabama

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MONTGOMERY, Ala. (AP) - A federal judge has refused to stop the
May third execution of Aaron Lee Jones. He's on death row for attacking a Blount County family more than 28 years ago.

Jones sought to block his execution by challenging the constitutionality of Alabama's use of lethal injection, saying it poses an unjustifiable risk of extreme pain. But in an order signed Tuesday, Montgomery Federal Judge Myron Thompson said Jones' challenge - quote - "is dilatory."

Jones awaits execution for the shooting and stabbing of three children, their parents, and their grandmother in Blount County on November 10th, 1978. The parents, Willene and Carl Nelson, died.

Jones was convicted of capital murder and sentence to death - first
in 1979 and then in a retrial in 1982.

Thompson, siding with state prison officials, ruled that Jones didn't challenge Alabama's lethal injection procedures until November - three months after the state attorney general asked the Alabama Supreme Court to set an execution date.

Thompson noted that Jones' challenge came nearly 28 years after
he was first convicted and four years after Alabama switched from
using an electric chair to lethal injection.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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