The attorney for Thomas Bowling and Ralph Baze claims there is substantial evidence that the second of three chemicals used in a lethal injection is unnecessary and causes excruciating pain. But today the Kentucky Supreme court denied a petition to rehear their cases, making them one step closer to being put to death.
In November of 2006 the Supreme Court upheld a decision made by the Franklin Circuit Court stating the method of executing prisoners did not cause excessive physical harm and did not violate the Eighth Amendment.
Bowling was slated for execution in November 2004 for the 1990 murders of a couple who own a Lexington dry-cleaning business. That decision was stayed because of his challenge to the state's lethal injection protocol.
Baze was convicted and sentenced to death 14 years ago for killing the powell county sheriff and a deputy.
Today's ruling to deny their petitions for rehearing is their last attempt to appeal in Kentucky's Justice system.