OKLAHOMA CITY – An Oklahoma appeals court has stayed the execution of a man convicted of killing a 24-year-old woman while a mandatory appeal of his conviction and sentence are pending.
The court on Tuesday issued the appeal for 49-year-old Albert Johnson.
District Judge Donald Deason set a Sept. 19 execution, but noted it will likely be years before Johnson is put to death.
A death penalty moratorium was issued while a grand jury investigated the delivery of the wrong drug for two lethal injections, the last of which was stopped by Gov. Mary Fallin after the wrong drug was discovered.
Attorney General Scott Pruitt said he will not ask for any executions for about five months following the grand jury’s May report criticizing Fallin’s then general counsel for encouraging the use of the wrong drug.