Thomas Creech may face a second attempt at execution

ADA COUNTY, Idaho (KIFI) – An Ada County District Judge has opened up the possibility of a second attempt to execute Thomas Creech.

On September 5th the judge dismissed the post-conviction relief case against Creech.

Creech's lawyers filed the request after the Idaho Department of Correction failed to execute Creech back in February of this year when staff was unable to find a usable vein to carry out the lethal injection. 

Creech's lawyers argued that a second execution attempt would be a cruel and unusual punishment, violating his Eighth Amendment rights. 

The Idaho Department of Correction has not said if it will attempt another execution.