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NASHVILLE, Tenn. — A Tennessee bedfellow set to be accomplished this anniversary is allurement the accompaniment to die by electric armchair rather than baleful injection, calling the move the “lesser of two evils.”

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Attorney Kelley Henry accepted Monday that Edmund Zagorski fabricated the appeal almost two hours afore the Tennessee Supreme Cloister disqualified the state’s three-drug baleful bang agreement is constitutional. The accommodation paved the way for the beheading of Zagorski on Thursday.

“Faced with the best of two actionable methods of execution, Mr. Zagorski has adumbrated that if his beheading is to move forward, he believes that the electric armchair is the bottom of two evils,” said Henry in an emailed statement. “10-18 account of drowning, suffocation, and actinic afire is unspeakable.”

A backer for the Tennessee Department of Corrections did not anon acknowledgment a appeal for animadversion Monday evening.

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In Tennessee, afterlife row inmates whose offenses came afore January 1999 can accept the electric armchair or baleful injection. The aftermost time Tennessee put addition to afterlife by electric armchair was 2007.

Zagorski was bedevilled in 1984 in the slayings of two men during a biologic deal. Prosecutors said Zagorski attempt John Dotson and Jimmy Porter, again aperture their throats afterwards annexation them in Robertson County in April 1983. The victims had planned to buy marijuana from Zagorski.

Along with the appeal for the electric chair, Henry says he will ask for a break of Zagorski’s beheading to acquiesce the US Supreme Cloister time to analysis the case. Zagorski’s acknowledged aggregation has argued the state’s called adjustment of beheading violates the 8th Amendment’s ban on atrocious and abnormal punishment.

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The majority assessment for the cloister begin the inmates bootless to authorize the three-drug agreement is actionable because they did not prove there was a readily accessible another adjustment that was added humane, a claim of accepted federal and Tennessee law.

Justice Sharon Lee dissented from the majority opinion, autograph that on such an important issue, the inmates are advantaged to a allusive befalling to be heard at balloon afterwards attention to “the amends of added baleful bang protocols the Accompaniment has no affairs to use.”

Henry argued at a audition afore the Tennessee Supreme Cloister aftermost anniversary that a distinct dosage of the barbiturate pentobarbital would be a added accommodating anatomy of execution. Attorneys for the accompaniment said they accept been clumsy to annex that drug, which became broadly bare for executions afterwards an uproar over its use for that purpose several years ago.

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In August, Tennessee accomplished its aboriginal bedfellow in about a decade. The US Supreme Cloister beneath to break that execution.

Gov. Bill Haslam already has said he won’t arbitrate in Zagorski’s case.

Tennessee is one of alone nine states that acquiesce electrocutions, and aloof 14 of the 871 inmates accomplished in the United States back 2000 accept been dead in the electric chair, according to the Afterlife Penalty Information Center. The aftermost beheading in the US took abode in Virginia in January 2013.

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