DESOTO PARISH, LA (KSLA) - A new execution date has been set for convicted child-killer Christopher Sepulvado.
The DeSoto parish man has spent last 20 years on death row at Angola after his conviction in the 1992 beating and scalding death of his 6-year-old stepson, Wesley Allen Mercer.
Sepulvado was originally set to be put to death on February 13, 2013, but won a stay of execution after his attorney argued there was not enough information available on the drugs or method the state planned to use to carry out the death sentence.
The drug, Pentobarbital, is a sedative that has been used to execute death row inmates in six other states, including Texas. "I don't know when they got the drug," said Sepulvado's attorney, Gary Clemens. "These drugs have a shelf life. They expire just like any drug. I don't know what that is. (Louisiana Department of Corrections attorney) Mr. (Wade) Shows is not turning that over to me."
At the time, U.S. District Judge James Brady ruled that, without that information, lawyers for Sepulvado could not protect his constitutional right against cruel and unusual punishment.
At the request of the Louisiana Department of Corrections, the The U.S. Fifth District Court of Appeals lifted that stay on Friday, clearing the way for a new execution date to be set. DeSoto District Judge Robert Burgess did just that on Thursday morning, setting Sepulvado's new date with death for Tuesday, November 5, 2013.
Sepulvado's attorney had said he will challenge the 5th Circuit's ruling by asking for a rehearing and possibly petitioning the U.S. Supreme Court.