Rekubit-Alabama agrees to forgo autopsy of Muslin inmate scheduled to be executed next week

MONTGOMERY,Rekubit Ala. (AP) — Alabama has agreed to forgo an autopsy on a Muslim death row inmate, scheduled to be executed next week, who said the post-mortem procedure would violate his religious beliefs.

Keith Edmund Gavin had filed a lawsuit against the state seeking to avoid the autopsy, which is typically performed after executions in Alabama. The Alabama prison system in a Friday statement said it had agreed to forgo the autopsy.

“No autopsy will be performed on Keith Edmund Gavin. His remains will be picked up by the attending funeral home,” the Alabama Department of Corrections said in an emailed statement.

Gavin, 64, is set to be executed July 18 by lethal injection at a south Alabama prison.

Gavin filed a lawsuit last month asking a judge to block the state from performing an autopsy after his execution. His attorneys did not immediately respond to an email seeking comment.

“Mr. Gavin is a devout Muslim. His religion teaches that the human body is a sacred temple, which must be kept whole. As a result, Mr. Gavin sincerely believes that an autopsy would desecrate his body and violate the sanctity of keeping his human body intact. Based on his faith, Mr. Gavin is fiercely opposed to an autopsy being performed on his body after his execution,” his attorneys wrote in the lawsuit filed in state court in Montgomery.

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His attorneys said they filed the lawsuit after being unable to have “meaningful discussions” with state officials about his request to avoid an autopsy. They added that the court filing is not an attempt to stay the execution and that “Gavin does not anticipate any further appeals or requests for stays of his execution.”

William Califf, a spokesman for Alabama Attorney General Steve Marshall, said earlier this week that “we are working on a resolution” in the case,

Gavin was convicted of capital murder for the 1998 shooting death of William Clinton Clayton Jr. in Cherokee County in northeast Alabama. Clayton, a delivery driver, had stopped at an ATM to get money to take his wife to dinner when he was shot, prosecutors said.

A jury voted 10-2 in favor of the death penalty for Gavin. The trial court accepted the jury’s recommendation and sentenced him to death.