Ohio inmate seeks hearing over execution method

AP News
Posted: Nov 28, 2009 5:35 PM

An Ohio inmate fighting the state's new execution procedure is asking a federal court to intervene.

Kenneth Biros is scheduled to die Dec. 8. He would be the first inmate executed under Ohio's change from a three-drug intravenous lethal injection to a one-drug injection, with a two-drug muscle injection as a backup

His attorney filed papers late Friday asking for a hearing by the full 6th U.S. Circuit Court of Appeals in Cincinnati.

A three-judge panel of the court ruled Wednesday that Biros' execution could proceed. A message seeking comment was left Saturday for the state attorney general's office.

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