New appeals filed in Missouri execution case

JIM SALTER Associated Press Published:

BONNE TERRE, Mo. (AP) -- The attorney for a Missouri death-row inmate has filed a new appeal to the U.S. Supreme Court about two hours before the state's execution deadline.

Attorney Cheryl Pilate again challenged the state's refusal to reveal the origin of its execution drug, pentobarbital. She contends that the state's secrecy makes it impossible to know whether the drug could cause pain and suffering during the execution process.

The attorney general's office responded to Pilate's last-minute filing, saying previous court rulings have sided with the state's position.

Smulls, 56, was sentenced to death for killing a suburban St. Louis jeweler and badly injuring his wife during a 1991 robbery.