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The execution of a convicted cop killer is being delayed until a hearing is conducted on the state’s new lethal injection drug. The drug was used last month in a Georgia execution and witnesses say the man being killed may have suffered too much. As Whitney Ray tells us, the state Supreme Court has ordered a hearing on the drug by August 5th, but it could be held as early as tomorrow.

A drug produced to help kill Manuel Valle, may temporarily save his life. Valle was sentenced to die August 2nd, for the 1978 shooting death of a Florida police officer.

But Monday the Florida Supreme Court issued a stay of execution, over concerns the new drug, pentobarbital, isn’t working.

The drug is the first of three given in an execution. It’s supposed to sedate the condemned but in a Georgia execution last month witnesses say it didn’t’ work.

Roy Blankenship was executed June 23rd. Witnesses say he was jerking his head and moving more than expected in a lethal injection. But that’s not enough to convince the Florida Department of Corrections that the drug doesn’t work.

“Following this drug, there will be a consciousness check just like there has been done before. We are confident in our procedure,” said DOC Spokeswoman Gretl Plessinger.

Florida’s Attorney General has asked the US Supreme Court to overturn the stay of execution. Governor Rick Scott says he wants to make sure the law is followed, but his thoughts are on the suffering of the victim, not Valle.

“I want to make sure we comply with all the laws and do the right thing, but what I think about all the time is the family,” said Scott.

A hearing has been ordered for to review the drug. If it’s deemed humane enough, Valle will be executed September 1st. The state is using a new drug, because the Italian company that sold Florida the old one didn’t like what it was being used for. Now the Danish company making the new drug announced it too will stop selling to states that plan to use them in executions. So the search for a effective, yet humane drug for future executions begins again.