BOISE, Idaho — A federal judge has granted a motion made by death row inmate Thomas Creech's attorneys to stay his execution.
Creech was scheduled to be executed on Nov. 13.
After the failed lethal injection execution of Creech in February, his attorneys filed an appeal claiming a second execution attempt would constitute cruel and unusual punishment and violating double jeopardy protections.
The court rejected that claim and Creech's subsequent motion to reconsider it.
Creech appealed the court's denial to the Idaho Supreme Court.
On October 16, the state scheduled a second execution attempt and issued a death warrant for Nov. 13.
The next day, Creech also appealed in U.S. District Court, citing the same claims of cruel and unusual punishment and double jeopardy.
Creech's attorney then filed an emergency motion on Nov. 3 in the federal case asking for a stay of execution until their appeal could be ruled on in U.S. District Court.
On Nov. 5, the Idaho Supreme Court denied Creech's appeal of the lower courts' decisions.
On Wednesday, Nov. 6, the judge in the U.S. District court case granted Creech's motion for a stay in execution.
In his ruling, Judge G. Murray Snow said that because the Idaho Supreme Court decision came down just one week before the scheduled execution, the court needed more time to consider his federal appeal.
"Because the last reasoned state court decision — the operative filing for AEDPA purposes — was issued just a week before Creech’s scheduled execution, a stay is necessary to allow the parties to fully brief, and for this Court to fully consider, Creech’s habeas claims," Judge Snow wrote.
So what happens now?
The Idaho Department of Correction issued a statement Wednesday that said Creech's death warrant for Nov. 13 will not be carried out:
The Idaho Department of Correction received an order to stay the execution of Thomas Creech. Under the Order, the Court determined Mr. Creech is entitled to a ruling on the merits of his Federal habeas claims and the court needs additional time to fully consider the claims raised. The briefing to be submitted in this case will not be completed until November 29, 2024. Accordingly, the warrant for Mr. Creech's execution on November 13, 2024, will expire on its own terms. Per IDOC policy, Mr. Creech has been returned to his previous housing assignment in J-Block and execution preparations have been suspended.
The judge in the federal case has issued new orders for both Creech and the state to file their arguments, with the final deadline on Nov. 29.
Once those briefs are filed, the judge will issue a decision, but there is not time frame for how long that may take.
Background
Thomas Eugene Creech is an accused serial killer, who claimed to have killed as many as 42 people. Authorities focus on 11 deaths involving Creech, with murders happening all over the country. He's been convicted of 5 murders.
Earlier this year, a death warrant was served to Creech. When it came time for execution, Idaho Department of Correction (IDOC) medical staff were unable to establish an IV line for the lethal injection and it was called off.