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A federal judge granted Idaho serial killer Thomas Creech a stay of execution just one week before he was scheduled to be put to death, months after he survived a botched execution.
Creech, 74, survived a lethal injection execution in February after authorities were unable to establish an IV line throughout multiple parts of his body, court documents say.
His attorneys argued it would be cruel and unusual punishment to carry out another death sentence after his botched execution earlier this year, and that it would violate double jeopardy principles, according to a petition last month. They also argued Creech was left traumatized after an execution team made eight attempts to start the IV line.
“Attempting to execute Mr. Creech by any method, after the botched execution attempt, would represent torture and a lingering death,” the October 17 petition said.
On Wednesday, Judge G. Murray Snow granted Creech a reprieve, as the Idaho Supreme Court decision denying his claims came about a week before his scheduled execution. The US District Court for the District of Idaho needed more time to assess Creech’s other appeal, the judge said.
Creech is now required to file a supplemental brief by Friday, court documents say, and his case will continue.
An attorney for Creech said “no comment” when reached by CNN Saturday.
Almost an hour spent trying to establish IV access
Creech, the longest-serving inmate on Idaho’s death row, was sentenced to death after pleading guilty to the 1981 murder of another inmate, David Dale Jensen, while Creech was serving four life sentences, according to a January statement from the Ada County Prosecutor’s Office.
Creech, described by authorities as a serial killer who has “admitted to killing upwards of 40 people,” was sentenced to death row in 1982 for killing Jensen, court documents say.
Creech’s February execution was deemed “unable to proceed” by Idaho Department of Correction Director Josh Tewalt, according to a news release at the time.
Authorities spent almost an hour trying to establish IV access to Creech’s body – including his arms, hands, and ankles, “but each attempt resulted in vein collapse,” court documents said.
In the execution chamber, “the team attempted eight times through multiple limbs and appendages to establish IV access consistent with” the department’s policy, Tewalt said.
Sometimes, the team had “an access issue,” Tewalt said. At other times, it could establish access but encountered a “vein quality issue.” That “made them not confident in their ability to administer chemicals through the IV site once established,” the director said, and the decision was made to halt the execution.
Executions are rare in Idaho. Since 1976, the state has only carried out three, per the Death Penalty Information Center.
Creech’s second execution preparations have been suspended because of the stay and the current death warrant will expire Wednesday, a statement from the Idaho Department of Correction said.
CNN’s Dakin Andone, Paradise Afshar and John Fritze contributed to this report
