Biros execution battle headed to U.S. Supreme Court

CINCINNATI (AP) — The day before an execution, a federal appeals court ruled today to block that state from putting to death a man who killed a woman, cut her up and scattered her remains across two states.

Ohio prison workers still prepared for the execution of Kenneth Biros, 48, because the state appealed to the U.S. Supreme Court seeking a ruling to allow the lethal injection.

Biros was moved today to Ohio’s death house at the Southern Ohio Correctional Facility in Lucasville, and prison workers will still be ready to carry out the execution as scheduled Tuesday morning unless the Supreme Court stops it, prisons spokeswoman Andrea Dean said.

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A 6th U.S. Circuit Court of Appeals panel in Cincinnati refused the state’s request to lift a lower court’s order against the execution, saying Biros should be able to continue appealing a lawsuit with other inmates arguing that Ohio’s method of lethal injection is cruel and unusual punishment.