Stephen Barbee, 55, is scheduled to receive a lethal injection at the state penitentiary in Huntsville. He was convicted in the February 2005 deaths of Lisa Underwood, 34, and her son Jayden, who both drowned in their Fort Worth home. They were later found buried in a shallow grave in nearby Denton County. Barbee’s lawyers asked the US Supreme Court to stay his execution, arguing his religious rights are being violated by the state’s prison system, following the high court’s ruling on what spiritual counselors can do while in prison enforcement, it did not create a written policy on the matter. In March, the US Supreme Court said states must grant the wishes of death row inmates who want their religious leaders to pray and touch them during their executions. Texas corrections officials have not officially updated their policy, but said they will review inmate petitions on a case-by-case basis and honor most reasonable requests. Earlier this month, U.S. District Judge Kenneth Hoyt in Houston issued a preliminary injunction, saying the state could execute Barbee only after it had published a clear policy on spiritual advisers that protects an inmate’s religious rights. Last week, the 5th U.S. Circuit Court of Appeals overturned Hoyt’s order, saying it was excessive. On Tuesday, Hoyt issued a new order specifically focused on protecting Barbie’s rights. The Texas Attorney General’s Office immediately appealed to the 5th Circuit, which would have to rule before the Supreme Court could take up the matter. The Texas Attorney General’s Office previously told a court that Barbee’s claims are unfounded because state prison officials allow his spiritual adviser to touch him and pray aloud during his execution. The story continues Also Tuesday, Hoyt rejected a separate request by Barbee’s lawyers to stay the execution because of claims that the inmate’s right to avoid cruel and unusual punishment would be violated. His lawyers say Barbee has physical limitations that limit movement of his shoulders and arms and would experience “excruciating pain and suffering” if executed the normal way with his arms stretched out in the dressing room so IV lines can be inserted to give birth. the lethal injection. In a court filing earlier this month, attorneys for the Texas Attorney General’s Office assured Hoyt that prison officials would make accommodations for Barbee and allow his arms to remain bent and, if necessary, find another place to place IV lines. On Monday, the Texas Board of Pardons unanimously refused to commute Barbee’s death sentence or grant a four-month reprieve. Prosecutors said Barbee killed his ex-girlfriend and her son because he didn’t want his wife to know Underwood was seven months pregnant, possibly by him. DNA evidence later revealed that Barbie was not the father. Underwood owned a bagel shop in Fort Worth, named after her son. She and her son went missing after they failed to show up at a baby shower. Barbee confessed to police that he killed Underwood and her son, but later recanted. Barbee said the confession was coerced and has since maintained that he is innocent and that he was framed by his business partner. His trial, including sentencing, took less than three days to conclude in February 2006. Barbee is scheduled to receive a lethal injection on the same day Arizona plans to execute Murray Hooper for killing two people during a home robbery in Phoenix on New Year’s Eve 1980. Hooper is scheduled to be executed at 11 a.m. m. CST on Wednesday. If Barbee is executed, he will be the fifth inmate put to death in Texas this year. He is the last inmate scheduled for execution this year in the state.
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