An attorney for death row inmate Gary Haugen has filed a motion to strike his death sentence.
Eight years ago, a jury convicted Haugen in the aggravated murder of a fellow inmate. An execution date was set for 2011, but Gov. John Kitzhaber issued a reprieve.
Haugen’s attorney, Jeff Ellis, said if for any reason a death sentence is not carried out, Oregon law dictates that the court has to issue a new death warrant and a new date.
Speaking from death row, Haugen said the court hasn’t done that.
"They lost their ability to put a bullet in my head," he said. "They should of did it when they had the chance because now they lost their ability to do so. So, my position is this: How do you like them apples?"
Haugen was the only death row inmate who had a date set for an execution when Kitzhaber issued a reprieve.
Marion County District Attorney Walter Beglau said he’ll file a response when he sees the motion.
Gov. Kate Brown has said she personally opposes the death penalty, but she hasn’t ruled out allowing executions to resume.
Copyright 2015 Oregon Public Broadcasting