A Madison County district judge has denied a motion to declare electrocution as unconstitutional.
Judge Robert Ensz Wednesday ruled his court was obligated to follow the precedent set by the Nebraska Supreme Court. The decision denied a motion filed by attorneys for Jorge Galindo.
Galindo was convicted of five counts of first-degree murder in the U.S. Bank murders in Norfolk in September 2002. The mitigation phase of Galindo's sentencing is set to begin next month.
Ensz says the Nebraska Supreme Court has consistently held that electrocution does not constitute cruel and unusual punishment.
District Judge Patrick Rogers has not yet ruled on the same motion for Galindo's co-defendants, Jose Sandoval and Erick Vela.
Galindo's attorney was not immediately available for comment.