The family of an Alabama man killed in what is believed to be the longest recorded execution in U.S. history has accused the state of subjecting him to unnecessary cruelty in violation of his constitutional rights, according to a suit filed Wednesday.
Last month, Arnold & Porter attorneys helped secure an agreement and case dismissal that would allow Charles Burton Jr., an Alabama death row inmate and a Muslim, to be accompanied by his imam during his eventual execution.
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On Feb. 11, the state of Alabama intends to execute Willie B. Smith III without his pastor by his side which Smith alleges is a violation of his religious freedom.
Smith has requested that Pastor Robert Wiley Jr., his friend and spiritual adviser, be able to pray with him and hold his hand up until his death. Currently, Alabama’s protocol does not allow for any religious figures to be present in the execution chamber and instead relegates them to the viewing room. The case is currently before the U.S. Court of Appeals for the Eleventh Circuit, where Smith’s representation is arguing that this is a prohibition of his religious rights.