Court: Inmate who survived '09 execution can be put to death

Court: Inmate who survived '09 execution can be put to death
Source: Associated Press

Court: Inmate who survived '09 execution can be put to death

Andrew Welsh-huggins, Ap Legal Affairs Writer

COLUMBUS, Ohio (AP) — The state can try again to put to death a condemned killer whose 2009 execution was called off after two hours during which he cried in pain while receiving 18 needle sticks, the Ohio Supreme Court said Wednesday.

The court's 4-3 ruling rejected arguments that giving the state prisons agency a second chance to execute Romell Broom would amount to cruel and unusual punishment and double jeopardy.

Prosecutors had argued double jeopardy doesn't apply because lethal drugs never entered Broom's veins while executioners unsuccessfully tried to hook up an IV. They also said a previously unsuccessful execution attempt doesn't affect the constitutionality of his death sentence.

. . .

"Because Broom's life was never at risk since the drugs were not introduced, and because the state is committed to carrying out executions in a constitutional manner, we do not believe that it would shock the public's conscience to allow the state to carry out Broom's execution," Lanzinger wrote.



Read more: http://www.chron.com/news/us/article/Court-Inmate-who-survived-09-execution-can-be-6893098.php