What we know about Alabama's planned execution of James Edward Barber

The state of Alabama has scheduled the execution of James Edward Barber during a 30-hour period from midnight Thursday through 6 a.m. Friday. The execution is set to take place in the death chamber at Holman Correctional Facility in Atmore.

Here’s what we know.

The crime

Barber was convicted in 2003 of capital murder by a Madison County jury in the May, 20, 2001, beating and stabbing death of 75-year-old “Dorothy “Dottie” Epps of Harvest.

Barber was also charged with robbery in the case. He was a handyman and former boyfriend of Epps’ daughter and had done work in Dorothy Epps’ home.

Changes to Alabama's execution process

Usually, the death warrant in Alabama covers a 24-hour period. The state’s failure to execute Kenneth Eugene Smith in November was the third time in a row that the Alabama Department of Corrections execution team had problems accessing the veins of inmates during lethal injection.

Joe Natham James Jr. was executed in July 2022, but the process took three hours. In September, the execution of Alan Eugene Miller failed after about an hour and a half spent attempting to establish an IV line.

Gov. Kay Ivey then paused executions in the state for a “top to bottom” review of the procedures used. That review ended in February, and in May the state set the execution date for Barber. Neither Ivey nor DOC has commented on any findings from the moratorium.

The governor’s warrant gave the additional time in Barber’s execution presumably to give the execution team more time to establish an IV in Barber to accept the lethal cocktail that would end his life.

The state of Alabama will have 30 hours to execute James Edward Barber after changes to its process.
The state of Alabama will have 30 hours to execute James Edward Barber after changes to its process.

Media witnesses

The DOC has confirmed five media representatives will be in the death chamber for the execution. They are to report to the media center at Holman Correctional Facility between 4 p.m. and 6 p.m. Thursday.

They will wait there until DOC staff decides they can be taken to the death chamber, if the execution proceeds. That means Barber's execution would be expected between 6 p.m. Thursday and 6 a.m. Friday.

Following the execution, DOC officials will return to the media center for a news conference. DOC officials are requesting members of the media to confine their questions to the execution. The media center will remain open for 30 minutes after the news conference to allow time for reporters to complete their articles.

Identities of the execution team

The state of Alabama has refused to comment about the personnel on the execution team, despite requests for the information from the Montgomery Advertiser and other media outlets in the state.

Richard Anderson, an assistant attorney general, argued against releasing the information during a hearing before a three-judge panel of the 11th Circuit Court of Appeals on Monday. Barber’s defense team is seeking a stay of execution, alleging the state’s method and past history of botched executions violate Barber’s Constitutional right against cruel and unusual punishment.

Anderson said there is a danger to making the information public, Ralph Chapoco wrote for the Alabama Reflector.

“There are very strong concerns that states have with security over executions because of documented incidents where once someone’s name is out there, the person, whether through fear of retribution or actual threats of retribution, will withdraw from the process,” Anderson said.

Elizabeth Bruenig of The Atlantic has written extensively about the recent executions in Alabama and the problems with carrying them out. While the identities and qualifications of the medical personnel who execute Alabama’s prisoners are carefully protected by the state, a few details have become clear of late, she writes.

“In a hearing earlier this month, Barber’s attorneys revealed that the professional licenses belonging to Alabama’s new IV team include credentials for two paramedics, an advanced EMT, and a registered nurse with a multistate license earned in Florida in 2019. In a pleading filed early last month, Barber’s lawyers told a judge in Alabama’s Middle District that they believed they may have discovered the identity of one of the members of this IV team and had found this person to have multiple arrests for fraud and related civil judgments against him or her.”

Bruenig writes that Barber meanwhile remains at peace, writing to her in a letter: “I’m in excellent spirits,” adding, “God has been so faithful and kind to me! … To worry is a form of fear, and we don’t have that spirit! Only love, joy, peace and sanity.”

The Associated Press contributed to this report.

Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.

This article originally appeared on Montgomery Advertiser: What we know about Alabama's planned execution of James Edward Barber