the first drug in a three-drug protocol, midazolam, will be administered. >> but warner's defense team had filed one last plea for a stay of execution with the u.s. supreme court. claiming the use of midazolam was a vital of the eighth amendment on cruel and unusual punishment. meanwhile the mother of warner's victim, an 11-month-old baby, made her feelings clear. >> if they want to honor me, they will give him life in prison without the possibility of parole. i don't see any justice in sentencing someone to die. to me the justice is in someone living with what they have done to you, to your family, and having to live with that the rest of their life, knowing they'll never walk out those bars. when he dies i want it to be because it's his time, not because he's been executed due to what happened to me and my child. i don't want that on my hands. it make me feel like i'm no different than him and i don't want to feel that way.