Posted on Wed, Jan. 03, 2007

Man facing execution files suit

Police slayer went to federal court to stay Jan. 19 execution date.

From The Associated Press

INDIANAPOLIS — A New Albany man facing execution this month for the shooting death of a state trooper has filed a federal lawsuit claiming he would suffer unnecessarily during the lethal injection procedure.

Attorneys for Norman Timberlake, 59, filed the lawsuit Friday in U.S. District Court in Indianapolis. The suit asks for a preliminary injunction and restraining order stopping the execution, which is scheduled for Jan. 19 at the Indiana State Prison in Michigan City.

Timberlake was condemned to die for the 1993 shooting death of Master Trooper Michael Greene during a traffic stop on Indianapolis’ northwest side.

The lawsuit claims that the three-drug cocktail commonly used by Indiana in lethal injections is not calibrated according to the inmate’s size or medical history, so Timberlake could suffer unnecessarily.

The state attorney general’s office has not yet responded to the lawsuit, spokeswoman Staci Schneider said Tuesday.

“We are consulting with the Department of Correction. That’s all I can say at this point,” she said.

Timberlake filed another lawsuit in federal court last week. That filing asks a judge to consider whether Timberlake is insane and therefore does not meet the legal standard for execution.