Trial is winding down in Frankfort in that lawsuit filed by two Kentucky death row inmates challenging the state's use of lethal injection.

For the second time since the trial began, Justice Cabinet attorney Jeff Middendorf asked for dismissal of the inmate lawsuit. He told Judge Roger Crittenden similar challenges to lethal injection in other states have been turned back.

But assistant public advocate Ted Shouse urged the judge to rule in the inmates' favor, pointing to inconsistent testimony about the placement of an IV in a condemned prisoner's neck when other veins can't be used.

Judge Crittenden let the lawsuit continue and will allow Shouse to present rebuttal witnesses next week before taking the case under consideration.