“This is not the case of a malingering respondent,” counsel for Doyle Hamm urged on the Alabama Supreme Court. “The medical evidence is clear that Mr. Hamm has been struggling against a serious lymphatic cancer, has received and continues to receive very serious medical treatment, and has very compromised veins. This is not the right case for the Attorney General to be pressing this Court for a swift execution because, based on the available medical records and findings, and given Mr. Hamm’s cranial and lymphatic cancer, there is a substantial likelihood that the Alabama Department of Corrections will not be able to accomplish a successful execution without cruel and needless pain.”
In a response filed on October 11, 2017, to the Attorney General’s repeated attempts to set an execution date, counsel for Doyle Hamm tried to set the record straight on the inaccuracies and misinformation coming from the Attorney General.
The Attorney General falsely claims that, according to a new medical report dated August 2, 2017, that a physician has determined that there is “No evidence of ocular lymphoma.” As a factual matter, though, the report does not say what qualifications the person who said that has, whether he or she is a nurse, intern, resident, or correctional officer. The field “Practitioner Type” at the top of the report is empty, as is the field “Practitioner.”
The Attorney General is now making things up to push this case along and secure another execution. In the meantime, counsel for Doyle Hamm is trying to set the record straight and ensure that there is no hasty and unnecessarily painful or cruel execution.
For the full pleading, see below:
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