The Ohio Department of Rehabilitation and Correction delayed this morning's execution of condemned inmate Biros while the state waited to hear from the U.S. Supreme Court regarding an appeal from the death row inmate seeking to escape the death penalty.But at about 10 a.m. today -- the time Biros was scheduled for execution -- the high court rejected Biros' last-ditch effort for a temporary restraining order and the execution is back on.
Biros, on death row for killing and dismembering a Trumbull County woman in 1991, is slated for lethal injection about 11 a.m.
Biros, 51, is at the Southern Ohio Correctional Facility in Lucasville. His request for a temporary restraining order had already been denied by a federal court and federal appeals court, both on Monday. On Monday night, Biros' attorneys appealed to the U.S. Supreme Court.
The state said it would not carry out the execution until all of Biros' legal challenges were exhausted.
Ohio is in the national spotlight today after revamping its intravenous lethal injection procedures, eliminating a three-drug concoction for a one-drug method that is unproven and untested on humans. The state also now has a backup execution plan, a lethal injection directly into a large muscle that is also untested.
Other states have considered using the methods but decided against it.
Biros' attorney Tim Sweeney, of Cleveland, sought the temporary restraining order while arguing that Ohio has no idea whether the new procedures will work properly. He also noted on Monday that the state's new procedures do not address training of the execution team members and ensuring they are competent to insert shunts into veins for the lethal injection procedure.
But the state has said the new one-drug method should eliminate charges the process is unconstitutional and tantamount to cruel and unusual punishment. And they have said that while they are confident their execution team is competent, if there is a problem gaining access to veins -- as was the case in a failed execution attempt in September -- the backup procedure can be used.
Source: cleveland.com, December 8, 2009
Biros' execution delayed
After a one hour delay, it was reported that witnesses for the Kenneth Biros execution have entered the death chamber.
Present were family members of both Biros and the victim, Tami Engstrom, members of the media and Trumbull County Sheriff Thomas Altiere. Prison officials have delayed the 10 a.m. execution of Kenneth Biros one hour. They were waiting to see if the U.S. Supreme Court would intervene to stop the process.
But in a brief statement Tuesday, the court said it was denying Biros' request for a stay of execution. Biros had argued the state's new method would be painful. The state's switch to one drug was meant to end a lawsuit that claimed the three-drug system could cause severe pain, and experts have agreed that the single anesthetic will not cause pain.
Biros, a convicted killer, is facing a death sentence for the 1991 murder and dismemberment of Engstrom. In a morning press conference, details of Biros' last evening and morning were revealed.
Biros' mother, two sisters, and brother-in-law, visited him Monday evening, giving him CD's. He went to sleep around 2 a.m., sleeping for four hours. The family described him as calm, restful and relaxed. They said their meeting was emotional. Tuesday morning Biros was visited again by his mother, who reportedly kissed him through his cell front. Biros requested that he be allowed to wear a white scarf, prison officials refused that request, but did say he could have it next to him.
If the sentence is carried out, Biros will be the first person in the U.S. executed using a single injection of thiopental sodium in place of the former three drug process.
One expected change is that it will take Biros longer to die. Prison officials predict Biros will take 15-30 minutes to die, compared to an average of seven minutes under the old drug regime.
Prison officials reported that they have already determined that veins are accessible in both of Biros' arms, which should prevent a repeat occurrence of what happened in September. Governor Ted Strickland had to intervene to stop the execution of a rapist after prison executioners were unable to locate a usable vein.
Biros was convicted of the 1991 rape, murder and dismemberment of 22-year-old Tami Engstrom of Hubbard. Her body parts were spread across Ohio and Pennsylvania. Engstrom's brother, Tom Heiss, and sister, Debi Heiss, Monday night lit a candle and set out photographs of Tami's father, husband and other family members who have passed away in the time it took for Biros' sentence to be carried out. Over the years, Biros' attorneys have filed several appeals. A previous execution was stayed the day it was set to take place in 2007. Debi Heiss said the family made the trip to Lucasville to witness that execution, but this time they are confident the sentence will finally be carried out.
Tami's mother, Mary Jane Heiss, will also witness the execution, as will members of the media, Biros' attorney and Trumbull County Sheriff Thomas Altiere.
Source: wytv33, December 8, 2009
Biros' execution delayed
After a one hour delay, it was reported that witnesses for the Kenneth Biros execution have entered the death chamber.
Present were family members of both Biros and the victim, Tami Engstrom, members of the media and Trumbull County Sheriff Thomas Altiere. Prison officials have delayed the 10 a.m. execution of Kenneth Biros one hour. They were waiting to see if the U.S. Supreme Court would intervene to stop the process.
But in a brief statement Tuesday, the court said it was denying Biros' request for a stay of execution. Biros had argued the state's new method would be painful. The state's switch to one drug was meant to end a lawsuit that claimed the three-drug system could cause severe pain, and experts have agreed that the single anesthetic will not cause pain.
Biros, a convicted killer, is facing a death sentence for the 1991 murder and dismemberment of Engstrom. In a morning press conference, details of Biros' last evening and morning were revealed.
Biros' mother, two sisters, and brother-in-law, visited him Monday evening, giving him CD's. He went to sleep around 2 a.m., sleeping for four hours. The family described him as calm, restful and relaxed. They said their meeting was emotional. Tuesday morning Biros was visited again by his mother, who reportedly kissed him through his cell front. Biros requested that he be allowed to wear a white scarf, prison officials refused that request, but did say he could have it next to him.
If the sentence is carried out, Biros will be the first person in the U.S. executed using a single injection of thiopental sodium in place of the former three drug process.
One expected change is that it will take Biros longer to die. Prison officials predict Biros will take 15-30 minutes to die, compared to an average of seven minutes under the old drug regime.
Prison officials reported that they have already determined that veins are accessible in both of Biros' arms, which should prevent a repeat occurrence of what happened in September. Governor Ted Strickland had to intervene to stop the execution of a rapist after prison executioners were unable to locate a usable vein.
Biros was convicted of the 1991 rape, murder and dismemberment of 22-year-old Tami Engstrom of Hubbard. Her body parts were spread across Ohio and Pennsylvania. Engstrom's brother, Tom Heiss, and sister, Debi Heiss, Monday night lit a candle and set out photographs of Tami's father, husband and other family members who have passed away in the time it took for Biros' sentence to be carried out. Over the years, Biros' attorneys have filed several appeals. A previous execution was stayed the day it was set to take place in 2007. Debi Heiss said the family made the trip to Lucasville to witness that execution, but this time they are confident the sentence will finally be carried out.
Tami's mother, Mary Jane Heiss, will also witness the execution, as will members of the media, Biros' attorney and Trumbull County Sheriff Thomas Altiere.
Source: wytv33, December 8, 2009
No comments:
Post a Comment