R.Ichard Bernard Moore, 57, was the first prisoner to choose the method of execution. Instead, three prison guards fired after the law that standardized electricity assault came into force last year.
Moore was sentenced to more than two decades in prison in the 1999 murder of James Mahoney, a convenience store employee in Spartanburg.
If executed on the scheduled date of April 29, he would be the first person killed by the government since 2011 and the fourth person to die at the hands of the firing squad in almost half a century.
In a written statement, Moore said he did not consider either the legal or constitutional system, but was strongly opposed to being electrocuted and chose only because he was forced to choose the firing squad.
The new law triggered a decade-long gap in executions, with prison officials claiming to be unable to obtain the chemicals needed to deliver death injections.
Moore’s lawyers have asked the state Supreme Court to delay his execution, while another court will determine whether any of the existing methods are more cruel and unusual.
His argument is that prison officials are not making enough effort to obtain lethal injection chemicals, instead forcing inmates to choose one of two more barbaric methods.
They also ask the state Supreme Court to delay the execution so that the Federal Supreme Court can reconsider whether Moore’s death sentence is unequal in comparison to similar offenses.
State judges rejected a similar appeal last week.
You can also read: The death penalty was the first execution for double murder in the United States in 2022
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