An earlier ruling from the state Supreme Court allowing officials to use a lethal injection drug that a supplier says was obtained by misleading the company cleared the way for Lee's execution.
Lee just because its supply of lethal drugs are expiring at the end of the month denied him the opportunity to conduct DNA testing that could have proven his innocence," said Nina Morrison, senior staff attorney with the Innocence Project, a non-profit legal organization that helped represent Lee in his last appeals.
"Through the manipulation of the judicial system, these men continue to torment the victims' families in seeking, by any means, to avoid their just punishment," the prosecutors said in a joint statement issued Thursday.
Lawyers for the state have complained that the inmates are filing court papers just to run out the clock on Arkansas' midazolam supply.
"Apparently the reason the state decided to proceed with these eight executions is that the 'use by' date of the state's execution drug is about to expire...In my view, that factor, when considered as a determining factor separating those who live from those who die, is close to random," Breyer wrote.