Federal Judge Upholds Ohio’s Execution Process While Finding Persistent Flaws

U.S. District Court Judge Gregory Frost found continued problems with the way Ohio executes inmates, but nevertheless upheld the state’s excution process. In a 159-page ruling on a complaint brought by death row inmate Kenneth Biros, Frost said that it is possible further evidence could demonstrate that the state’s process constitutes cruel and unusual punishment. He found problems with both Ohio’s written protocols and the training the state provides the execution team. “Ohio’s method of execution by lethal injection is a system replete with inherent flaws that raise profound concerns and present unnecessary risks,” Frost wrote, “even if it appears unlikely that Biros will demonstrate that those risks rise to the level of violating the United States Constitution.”

(Associated Press, “Judge lifts Ohio Execution Delay,” Newark Advocate, April 22, 2009). See Lethal Injection.