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All systems go (for now) as Ohio prepares for first one-drug lethal injection

By Douglas A. Berman

As detailed in this new ABC News story, Ohio is geared up "to execute a convicted killer on Tuesday using an untested method of lethal injection that no other state has ever employed." Here is more: The planned execution of Kenneth Biros, who was convicted of killing and dismembering Tammy Engstrom in 1991, will mark the first time a lethal single-drug dose of an anesthetic has ever been used on a death row inmate. On Monday morning, a federal judge denied a request from Biros to delay his execution until attorneys could conduct a review of the new protocol.  U.S. District Judge Gregory L. Frost said that Biros had not demonstrated "at this juncture" that the new protocol is unconstitutional. But the judge added, "it does not foreclose the possibility that additional evidence will indeed prove that the problems with Ohio's policies and practice rise to a constitutional error...continue to full post

Full post as published by Sentencing Law and Policy on December 07, 2009 (boomark / email).