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Duty was given the death penalty when he killed his cell mate in December 2001. Curtis Wise was 22 when he was murdered. Duty was already serving three life sentences for rape, shooting a firearm with the intent to kill and robbery when he convinced Wise to go along with a plan to get more cigarettes. Wise was to act as Duty's hostage and he'd allowed Duty to restrain him. Once Duty had him secured, he strangled Wise with a bed sheet. He then sat down and wrote a letter to Wise's mother saying, ''Well by the time you get this letter, you will already know that your son is dead. I know now because I just killed him an hour ago''.
One physician has testified that the 5,000 milligrams of the drug that will be used will result in ''unconsciousness and even death within minutes''. At the time of this writing, there were no plans, at least none made public, of any last minute attempts by Duty's legal team to spare his life.
Duty and two other death row inmates asked the 10th U.S. Circuit Court of Appeals to hear their case after a federal judge had already ruled against it. The court's refusal has cleared the way for the use of the substituted drug. If there is no replenishment of pentobarbital by January 6th, 2011, there will likely be a second execution using the substituted sodium thiopental. Duty is now 58 and has been in prison since 1978, which basically means he has spent the majority of his adult life behind bars.
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