Execution of man convicted in Dickson men's murders set for October

Edmund Zagorski (Tennessee Department of Corrections)

Attorneys for the state say Tennessee's Supreme Court shouldn't consider an expert's conclusions about "tortuous effects" of the latest execution in a challenge of the state's lethal injection protocol.

The state's filing this week says the expert wasn't cross-examined and offered a medical opinion based on hearsay and media accounts.

In a previous filing for inmates challenging the protocol, Dr. David Lubarsky concluded based on media witness accounts that inmate Billy Ray Irick would've felt like he was choking. Lubarsky said Irick would've felt like he was drowning in his own fluids, suffocating, being buried alive and burning during his Aug. 9 execution.

Tennessee's response says inmates' attorneys want a retrial, which is outside of court rules and appellate jurisdiction. Oral arguments are slated for Oct. 3.

The next execution is scheduled for Oct. 11. Death row inmate Edmund Zagorski was convicted in 1983 for the murders of two Dickson County men, John Dale Dotson and Jimmy Porter, after authorities said Zagorski shot them, slit their throats and robbed them during a meet up to buy drugs in Robertson County.

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