JACKSON, Ga. (AP) — A Georgia judge has cleared the way to record video of a planned execution after rejecting the state attorney general's effort to stop it.
If the lethal injection of Andrew Grant DeYoung is carried out as scheduled at 7 p.m. Thursday, it would be the nation's first known video recording of an execution in nearly two decades.
Superior Court Judge Bensonetta Tipton Lane said in the ruling Thursday that state attorneys had failed to prove the video would interfere with DeYoung's execution.
Attorney General spokeswoman Lauren Kane said the office could not appeal the judge's order.
The Georgia Supreme Court also denied a second petition by DeYoung to halt his execution. The U.S. Supreme Court denied a stay on Wednesday night, though his attorneys have asked it to reconsider.