Family anguished after Biros execution delay

'Inmate Biros has no execution date,' the corrections department director said.
By MARC KOVAC
and MICHELE C. HLADIK
VINDICATOR CORRESPONDENTS
COLUMBUS -- The closure the family of Tami Engstrom wanted didn't come Tuesday, and their frustration continues to mount.
Kenneth Biros, convicted of the gruesome murder of Engstrom in Trumbull County 16 years ago, will return to the Ohio State Penitentiary in Youngstown today after the nation's top court upheld a stay on his scheduled execution.
"We're very disappointed in the court's decision," said Debi Heiss, Engstrom's sister and a spokeswoman for her family.
Biros, 48, was to be executed by lethal injection Tuesday morning at the Southern Ohio Correctional Facility in Lucasville. He arrived at the facility Monday morning, ate a special meal and visited with family members later that afternoon and much of the day Tuesday while legal proceedings in the matter progressed.
The U.S. Supreme Court issued its ruling about 4 p.m. "It was a tough day waiting for court action," said Terry Collins, director of the Department of Rehabilitation and Correction.
Prison and victims' services staff kept in contact with the Engstrom family members throughout the day, keeping them informed of the legal proceedings.
Devastated by decision
News of yet another delay in Biros' execution brought "total devastation" and a lot of tears to the Engstrom family, said Heiss.
She said everyone else from the prosecutors to the parole board to Gov. Ted Strickland did their jobs.
Heiss said the family drove to Columbus to witness the execution and spent the whole day waiting.
"We were so confident this [execution] was going to happen. It's a nightmare that keeps going," Heiss added.
Heiss said that she is concerned about returning to face the community that has supported her family and that she believes they are frustrated with the situation as well.
She said that what Biros did to her sister was demonic and that she doesn't understand why it takes a court so long to determine the lethal injection issue.
Biros was to spend the night in the prison infirmary then be transported back to the Youngstown facility today, Collins said.
"There will be no execution today," Collins told reporters late Tuesday afternoon. "Inmate Biros has no execution date."
He added, "The stay will be in place. We'll wait for the court rulings to see how that plays out."
Dann's statement
Ohio Attorney General Marc Dann issued the following statement Tuesday afternoon: "In light of the denial of our motions to lift the injunction staying the execution of Kenneth Biros, I want to reaffirm my commitment to continue to aggressively litigate this case.
"Legal issues aside, I want to express my sympathy and compassion for the family and friends of Tami Engstrom who have been living with the pain of their tragic loss for the past 16 years. My thoughts and prayers as well as those of my staff are with them as they journey home from Lucasville."
Dann also commended his staff, and the Department of Rehabilitation and Correction for the "professionalism they demonstrated throughout this entire process."
Biros spent an uneventful night at the prison's death house. After family visits Monday evening (his mother, two sisters and brother were on site), he finished off the raspberry ice cream he had ordered as part of a special meal, then went to sleep about 11:17 p.m.
He woke up at 1:25 a.m., used the restroom and asked that a window be opened.
He went back to sleep about 2 a.m., woke up at 5:45 a.m., showered and ate the standard prison-issue breakfast (waffles and corn flakes).
Biros visited with family from 6:30 a.m. until about 11 a.m., then from 1 p.m. until about the time of the Supreme Court decision, said Andrea Dean, spokeswoman for the Department of Rehabilitation and Correction.