Richard Wade Cooey, 41, was sentenced to death penalty after he had raped and killed two women in 1986. He was scheduled to be executed on October 14, this year, but he says he is too fat to face the lethal injection drug.

Cooey says that the executioners will have trouble with finding his veins and his 267 pounds would diminish the effect of the lethal injection drugs. Cooey’s attorneys also stated that the executioners faced the same problem five years ago when the man’s weight interfered between the lethal injection drug and his body.

Another statement from the lawsuit filed on Friday raised the problem that officials have had a difficult time in drawing blood from Cooey’s veins for medical procedures.

Cooey’s attorneys also say that the drug he is taking for migraine headaches could affect the execution. Topamax is a type of seizure medication that could act like an autoimmune for the thiopental, the drug that put the inmates to sleep before the lethal injections.

Cooey’s weight in combination with the Topamax raises the risk that the anesthetic won’t work properly. "All of the experts agree if the first drug doesn't work, the execution is going to be excruciating," say the attorneys.

The executioners have met such cases before. One year ago, inmate Christopher Newton was 6 feet tall and weighed 265 pounds. The executioners spent a rough time in finding his veins. The same happened with Jeffrey Lundgren two years ago, but a federal court appeal rejected his claim to be at risk because of his weight.