BOISE, Idaho — After the state's first execution attempt in 12 years proves unsuccessful, many are wondering: what happens next?
- Last week, the state's attempt to execute Thomas Creech was unsuccessful.
- Creech's 12th death warrant has now expired.
(Below is the transcript from the broadcast story)
"It's complicated," says David Leroy, former Idaho Attorney General.
Former Idaho Attorney General David Leroy weighs in nearly one week after the Idaho Department of Correction was unable to carry out the scheduled execution of convicted serial killer Thomas Creech. The medical team, unable to establish an IV line for the lethal drugs, faces a temporary injunction blocking a new death warrant from being filed.
So if they want to try again, "It is up to the Ada County Prosecutor to determine whether or if ever, another death warrant would be sought," says Leroy. If another warrant is granted, the execution would have to be carried out within 30 days. No later than five days after a death warrant is issued, the IDOC must determine whether they can obtain the lethal drugs. Even though the necessary drugs were obtained in February, "It is not clear at this time whether the state has the drugs and has enough of the drugs to do another execution," says Leroy. Under Idaho law as of 2023, if the drugs cannot be obtained, a firing squad can be used. "The director reports that they currently do not have the facility to carry out death by firing squad, so I trust that would probably delay that option and possibly even delay the attempt to go forward with any execution of Mr. Creech until both options are likely available," says Leroy.
I have kept in touch with the family of David Jensen, the man Creech was sentenced to death for killing in 1981. They tell me they are devastated the execution was not carried out successfully and are still processing. Creech's legal team has not yet filed any new motions regarding the failed execution.
