Florida is set to execute its record breaking 17th inmate of the year. And while the guilt of 63-year-old Richard Barry Randolph is not in question, the method by which he will die tonight is, according to his attorneys. Randolph suffers from Lupus and believes dying by lethal injection will be cruel and unusual given his condition, which his lawyers claim will amplify any sensation of pain. He’s been on death row for more than 3 decades now for the rape and brutal murder of his former coworker, and even though his death sentence had a far from unanimous jury decision, he has officially exhausted all of his appeals.

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