Federal Judge Lifts Ohio Killer's Execution Delay

By: Associated Press
By: Associated Press
A federal judge says Ohio

(AP Photo/Pat Sullivan)

Columbus, Ohio (AP) -- A federal judge says Ohio's lethal injection process has flaws but is not unconstitutional, paving the way for the possible execution of a man who mutilated his victim and left her body parts in Ohio and Pennsylvania.

U.S. District Court Judge Gregory Frost ruled Tuesday that there are troubling concerns with Ohio's system and it's possible that further evidence could prove the process constitutes cruel and unusual punishment.

But Frost says condemned killer Kenneth Biros has failed for now to demonstrate that he would experience severe pain under the system.

Frost's decision lifts a delay that stopped Biros' execution in December 2006.

The 50-year-old Biros killed 22-year-old Tami Engstrom near Warren in 1991 after he had offered to drive her home from a bar.

(Copyright 2009 by the Associated Press. All rights reserved.)

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