BOISE, Idaho — An Ada County District Court judge dismissed Thomas Creech's post-conviction arguments on Thursday morning.
As previously reported, arguments were first presented during an Aug. 29 hearing on whether a second attempt to execute him would be cruel and unusual punishment, violating the Eighth Amendment and the Fifth Amendment's double jeopardy clause.
Idaho Department of Correction medical staff attempted to carry out Creech's execution, slated for February 28, 2024, but failed after the team was unable to establish a vein to insert the IV line for the lethal injection.
KTVB obtained a copy of the Sept. 5 district court dismissal. In response to Creech's double jeopardy argument, Judge Jason D. Scott said the state has yet to carry out Creech's punishment, which is his death sentence, so a second attempt wouldn't subject him to more punishment.
The judge also dismissed the arguments a second lethal injection attempt would be cruel and unusual punishment.
Judge Scott admitted he "doesn't doubt that enduring one execution attempt and facing another has traumatized Creech," but the Eighth Amendment does not prevent a second execution attempt because the punishment isn't deemed as cruel and unusual.
The judge said the state didn't "intentionally or maliciously inflict unnecessary pain during the failed attempt." Also, if lethal injection were deemed cruel and unusual before a second execution attempt, the law would mandate Creech to be executed by firing squad.
The judge continued and said the attorney's arguments were only speaking to the method of execution and not his death sentence. So, it isn't an issue the judge can take up during post-conviction proceedings.
By dismissing his petition for relief, the judge opened the possibility of a second attempt to carry out the death sentence.
