The Ohio Supreme Court has set an October execution date for an inmate who is trying to join a lawsuit challenging the constitutionality of lethal injection.
The order sets an Oct. 18 date for Romell Broom, convicted of raping and stabbing to death a 14-year-old girl in 1984.
On April 11, the state asked the court to set an execution date for Broom. On April 25, Broom asked U.S. District Judge Gregory Frost for permission to join a lawsuit challenging Ohio's execution procedures.
Broom asked Frost late Wednesday to speed up his decision after learning that the Supreme Court had set an execution date earlier in the day.
Several inmates have joined the lawsuit that says death by injection constitutes cruel and unusual punishment.
The state opposes Broom’s request, saying he passed a time limit to join the lawsuit. A federal appeals court in Cincinnati has ruled in favor of the state on the timing issue involving other inmates but that decision may be appealed.
Last week, Frost delayed the July execution of Clarence Carter, saying nothing prohibited him from acting on inmates’ behalf while the timing issue works its way through the courts.
Frost has acknowledged a growing body of evidence calling lethal injection into question. But he has also said that the problem could be fixed easily.
Broom, 51, abducted Tryna Middleton in Cleveland at knifepoint on Sept. 21, 1984, while the girl was walking with friends, then raped and stabbed her 7 times, according to the attorney general's office.
On September 21, 1984, Tryna Middleton (“Middleton”), Tammy Sims (“Sims”), and Bonita Callier (“Callier”) were at a high school football game. Middleton was fourteen years old at the time, and she was a ninth-grade student at the high school. After the football game, the three girls began walking home, and they noticed a car that they thought looked suspicious. They walked away from the car and down a different street. A car without its lights on then came towards the girls and stopped in front of them; the driver exited the car and ran past the girls. Once the girls passed by the parked car, they heard footsteps behind them and then an assailant tried to grab all of them. In the course of the struggle with the girls, the assailant said, “Come here, B****,” and he pulled out a knife. Middleton was not able to get away from the assailant, but Sims and Callier escaped. They ran to a nearby house, where the homeowner allowed them to call their mothers and the police. Sims and Callier described the car and the assailant to the police. Approximately two hours later, Middleton’s body was found in a parking lot; she had been stabbed in the chest and abdomen and there were sperm cells found in her rectum and vagina. Sims and Callier were shown a series of photographs, but were unable to identify a suspect at this point. There were two other incidents in the same area involving young girls. On September 18, 1984, Venita McKenney (“McKenney”) was walking home when a car passed her and then stopped. When McKenney walked past the car, the driver got out and grabbed her. He also threatened McKenney with a knife, and he called her a “B****.” Residents who lived nearby heard the noise, and McKenney was able to escape into their home. The other incident occurred on December 6, 1984, involving Melinda Grissom (“Grissom”). A car was following Grissom as she was walking home, and as she turned a street corner, a man passed her and then grabbed her from behind. The assailant began hitting Grissom, and he threw her into his car. Grissom’s younger sister observed what happened and summoned the girls’ mother, who ran outside and grabbed the car door. As her mother held on to the car, Grissom was able to escape through the passenger door. Two witnesses were able to get the license plate number of the car, which the police traced to William Broom, Broom’s father. When the police arrived, Broom admitted that he had been driving the car. The police then took Broom to the hospital, where both Grissom and her mother identified him as the assailant. The other two witnesses to the incident also identified Broom in a line-up. The similarities between these three incidents led the police to bring in the witnesses from the McKenney and Middleton cases to view a line-up. The victims and witnesses each independently identified Broom from the line-up; Sims and Callier also identified him in a photo array. The police discovered that Broom had been driving his girlfriend’s car before it was wrecked on November 6, 1984, and Sims identified Broom’s girlfriend’s car as the one from the night of the Middleton incident. Callier stated that it was the same kind and color as the car used during the incident. Tests revealed that the sperm discovered in Middleton’s vagina belonged to a person with type B blood, which is the blood type of approximately twelve percent of the population; Broom’s blood is type B.
In Columbus, afederal judge has delayed the October execution of a death row inmate who joined a lawsuit challenging lethal injection as unconstitutional cruel and unusual punishment.
Judge Gregory Frost of U.S. District Court, Southern District of Ohio, ordered the Oct. 18 execution of Romell Broom halted while the lawsuit proceeds.
Broom, who raped and stabbed to death a 14-year-old girl, is one of 15 Ohio inmates claiming the procedure may cause prisoners to suffer during an execution.
Another death row inmate asked Frost on Friday for permission to join the lawsuit. Michael Turner, 48, killed his estranged wife, Jennifer Lyles Turner, and her boyfriend, Ronald Seggerman, at her apartment in suburban Columbus on June 12, 2001.
Broom, 51, abducted Tryna Middleton in Cleveland at knifepoint on Sept. 21, 1984, while the girl was walking with friends. He then raped her and stabbed her seven times, according to the attorney general's office.
The state opposes the lawsuit, arguing that the inmates missed a deadline for filing such a complaint.
Earlier this year, an appeals court ordered the lawsuit dismissed over the missed deadline but delayed its order to allow an appeal of that issue to the U.S. Supreme Court.
Ohio is waiting for the high court's decision and its impact on the entire lawsuit and so won't appeal the decision to delay Broom's execution.
"We're not going to do this piecemeal," said Leo Jennings, a spokesman for Attorney General Marc Dann. "It's not the best use of our resources."
In Delaware, a federal judge in February allowed all inmates on death row to join that state's similar injection lawsuit, while similar suits in California and Missouri have put all executions on hold. A federal lawsuit is also pending in Maryland where executions are on hold after a state appeals court said the state didn't properly adopt new injection procedures.
Frost said there is increasing evidence of "an unacceptable and unnecessary risk that Broom will be irreparably harmed" without the delay, according to his Sept. 5 order to halt the execution.
At the same time, as he has said before, Frost said problems with Ohio's injection process seem easy to fix.
In June, Frost also delayed death row inmate Clarence Carter's July 10 execution.
In Ohio and elsewhere, states use 3 chemicals: sodium pentothal, pancuronium bromide and potassium chloride. The 1st drug is a painkiller, which death penalty opponents have argued can wear off too soon. The 2nd drug paralyzes the inmate, and the third causes a fatal heart attack.
Death row inmate Richard Cooey, sentenced to die for raping and killing two female University of Akron students in 1986, brought Ohio's original complaint in 2004. He alleged the current procedure would amount to him being tortured to death.
(source: Toledo Blade)
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Sept 1, 2019 20:35:38 GMT -5
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Sept 1, 2019 20:38:53 GMT -5
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Sept 1, 2019 20:41:57 GMT -5
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Sept 1, 2019 20:48:33 GMT -5
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Sept 1, 2019 20:51:50 GMT -5
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Sept 1, 2019 20:53:16 GMT -5
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Nov 27, 2019 20:52:02 GMT -5
Jeffery Daughtery: Walter Barton (Arkie) has been on Missouri's capital punishment row for many, many years. He has been through 5 trials! Each time is guilty. He'll finally go to hell on May 19, 2020...
Feb 22, 2020 20:23:42 GMT -5
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Feb 22, 2020 20:25:41 GMT -5
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Mar 20, 2020 4:19:50 GMT -5
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Mar 20, 2020 4:30:41 GMT -5