Montana judge declares execution protocol unconstitutional

CALGARY – A Montana judge has declared the state’s method of execution unconstitutional.

The American Civil Liberties Union filed a civil lawsuit in 2008 on behalf of Canadian Ronald Smith that argues the lethal injections the state uses to execute people are cruel and unusual punishment and violate the right to human dignity.

District Court Judge Jeffrey Sherlock has agreed, pointing to problems such as lack of training for the individual who administers the drug and how to determine if the inmate is actually unconscious.

Smith’s lawyer Don Vernay says it isn’t a major victory but will likely result in a delay of at least another year or two as Montana reworks its execution protocol and the matter makes its way back through the courts.

Smith has been on death row for the past 30 years and is awaiting a ruling from Montana Gov. Brian Schweitzer on whether he will be granted clemency.