Judge: Ohio Inmate's Execution Appeal Has Limits

By: Associated Press
By: Associated Press

Columbus, Ohio (AP) -- A hearing on whether Ohio can try a second time to execute a condemned killer has ended early with a judge saying arguments can come through court filings.

U.S. District court judge Gregory Frost said Wednesday it appeared death row inmate Romell Broom's arguments were limited to a narrow legal question.

Frost's decision canceled what was expected to be a couple of days of testimony including discussion of how much pain Broom suffered during a botched execution try in September.

The 6th U.S. Circuit Court of Appeals ruled Monday that a different death row inmate hadn't presented evidence that the state's new backup execution method could cause severe pain in violation of the U.S. Constitution.

Frost says he doesn't believe Broom's lawyers could overcome the 6th circuit's ruling.

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

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