Oklahoma execution of Charles Frederick Warner now up to Supreme Court

Charles Frederick Warner, who was convicted in 2003 for the first-degree rape and murder of his then-girlfriend’s 11-month-old daughter in summer 1997, is scheduled to be executed Thursday at 6 p.m. at the Oklahoma State Penitentiary in McAlester, about 130 miles east of Oklahoma City.

Warner’s attorney, Dale Baich, filed a motion with the U.S. Supreme Court on Wednesday asking for a stay of execution, and is also asking the court to review Oklahoma’s lethal injection policies in general, after a federal appeals court rejected his appeal Monday.

“Oklahoma’s current execution protocol creates a substantial risk of severe pain, needless suffering and a lingering death,” Baich told CNN.

Stay motions have also been filed with the U.S. Supreme Court for three other Oklahoma death row prisoners scheduled to be executed soon: Richard Glossip, scheduled to be put to death on January 29; John Marion Grant, scheduled to be executed on February 19; and Benjamin R. Cole, scheduled to be put to death on March 5.

CNN’s Steve Almasy contributed to this report.

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