Alabama inmate endured "torture" during botched execution, attorney says

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( — An Alabama Death Row inmate who survived a lethal injection execution attempt last month is asking a federal judge to block the state from trying a second time to kill him.

Doyle Lee Hamm's attorney stated in federal court documents filed Monday that Hamm was "tortured," citing a doctor's exam of the inmate following the Feb. 22 failed execution. That exam showed 11 puncture marks, according to the doctor's report.

"The defendants (Department of Corrections) acted deliberately in the face of numerous and fair warnings when, after months of litigation that put the defendants on notice about Doyle Hamm's medical conditions, they nonetheless attempted and failed to accomplish intravenous lethal injection, thereby subjecting Doyle Hamm to several torturous and traumatic hours in the execution chamber." Bernard E. Harcourt, professor of law and political science at Columbia University in New York and Hamm's long-time attorney, stated in the complaint.

"To attempt another execution, particularly in light of the torturous circumstances inflicted on Doyle Hamm during the first attempt, would be cruel and unusual, and thus unconstitutional," Harcourt states. To try again also would violate Hamm's rights against double jeopardy, he adds.

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