(CNN) โ A federal judge granted Idaho serial killer Thomas Creech a stay of execution just one week before he was scheduled to be put to death, months after he survived a botched execution.
Creech, 74, survived a lethal injection execution in February after authorities were unable to establish an IV line throughout multiple parts of his body, court documents say.
His attorneys argued it would be cruel and unusual punishment to carry out another death sentence after his botched execution earlier this year, and that it would violate double jeopardy principles, according to a petition last month. They also argued Creech was left traumatized after an execution team made eight attempts to start the IV line.
โAttempting to execute Mr. Creech by any method, after the botched execution attempt, would represent torture and a lingering death,โ the October 17 petition said.
On Wednesday, Judge G. Murray Snow granted Creech a reprieve, as the Idaho Supreme Court decision denying his claims came about a week before his scheduled execution. The US District Court for the District of Idaho needed more time to assess Creechโs other appeal, the judge said.
Creech is now required to file a supplemental brief by Friday, court documents say, and his case will continue.
An attorney for Creech said โno commentโ when reached by CNN Saturday.
Almost an hour spent trying to establish IV access
Creech, the longest-serving inmate on Idahoโs death row, was sentenced to death after pleading guilty to the 1981 murder of another inmate, David Dale Jensen, while Creech was serving four life sentences, according to a January statement from the Ada County Prosecutorโs Office.
Creech, described by authorities as a serial killer who has โadmitted to killing upwards of 40 people,โ was sentenced to death row in 1982 for killing Jensen, court documents say.
Creechโs February execution was deemed โunable to proceedโ by Idaho Department of Correction Director Josh Tewalt, according to a news release at the time.
Authorities spent almost an hour trying to establish IV access to Creechโs body โ including his arms, hands, and ankles, โbut each attempt resulted in vein collapse,โ court documents said.
In the execution chamber, โthe team attempted eight times through multiple limbs and appendages to establish IV access consistent withโ the departmentโs policy, Tewalt said.
Sometimes, the team had โan access issue,โ Tewalt said. At other times, it could establish access but encountered a โvein quality issue.โ That โmade them not confident in their ability to administer chemicals through the IV site once established,โ the director said, and the decision was made to halt the execution.
Executions are rare in Idaho. Since 1976, the state has only carried out three, per the Death Penalty Information Center.
Creechโs second execution preparations have been suspended because of the stay and the current death warrant will expire Wednesday, a statement from the Idaho Department of Correction said.
CNNโs Dakin Andone, Paradise Afshar and John Fritze contributed to this report
The-CNN-Wire
โข & ยฉ 2024 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.