Who is James Barber? Court rejects Alabama death row inmate's lawyers' plea to halt execution by lethal injection
MONTGOMERY, ALABAMA: A federal appeals court has reportedly rejected a request filed by the lawyers of an Alabama death row prisoner. James Barber’s attorneys had appealed to stop the execution of their client. They cited issues with lethal injections that resulted in botched processes lately, which even led to Governor Kay Ivey halting the procedure in November 2022 and ordering a “top-to-bottom” analysis.
Then in February, it was reported that the said method of execution could be carried out again and in May, Barber's execution date was fixed. However, in her appeal, Barber's attorney, Mara Klebaner told the 11th U.S. Circuit Court of Appeals on Monday, July 17, as per Newsweek, “We're able to see from what happened last year; we have a very strong chance of substantial harm.”
Referring to a new IV team, which reportedly will carry out Barber's sentence, Klebaner added, “It's like picking up a different can of soda off the shelf from a factory that isn't passing safety inspections.” Despite all the arguments, the court denied the attorneys’ application on Wednesday, July 19.
Barber's sentence will be carried out at Holman Correctional Facility's death chamber in Atmore on Thursday evening, July 20. The Montgomery Advertiser reported that Alabama “has scheduled the execution of James Edward Barber during a 30-hour period from midnight Thursday through 6 a.m. Friday.”
Who is James Barber?
Barber was reportedly given a death sentence in 2004 for murdering a 75-year-old woman named Dorothy “Dottie” Epps in May 2001. According to NBC News, he recently said, “I have no fear of death. I have a fair amount of trepidation about the process that they obviously haven’t perfected — to be at their hands and be the first one after they didn’t do a true review of the protocol and made no real changes.”
Barber continued, “I don’t know what to expect. But then, I know I’m in God’s hands, so it’s not fear. It’s hard to explain,” adding, “I don’t want people to think, well, I want to die. Nobody wants to die. I think there’s a lot that I can accomplish and people I can help. Change hearts. I’d like to be around, I would. But to make it clear, I’m not hanging on to this life. And begging, begging for more to a governor who would never do that anyway.”
‘Barber’s motion for preliminary injunction operates as a motion to stay his execution’
Earlier, a judge had rejected Barber’s request for a preliminary injunction to stop his execution by lethal injection. The killer had also pleaded to be put to death using nitrogen hypoxia, AL.com reported. However, US Chief District Judge Emily C Marks of the Middle District of Alabama said at the time, “Barber offers no authority for his request that the Court order his execution by a method he did not elect, and thus has waived, under Alabama law.”
“Further, even if the Court were to order that Barber could only be executed by nitrogen hypoxia, such an order would effectively stay his execution for an indefinite period since the Defendants are not prepared to conduct executions by this method,” Mark explained, adding, “Thus, for all intents and purposes, Barber’s motion for preliminary injunction operates as a motion to stay his execution.”