Another unwarranted delay in the execution of Biros

Another unwarranted delay in the execution of Biros

Ohio Gov. Ted Strickland has responded prudently to questions that have been raised about Ohio’s protocol for executing murderers, and voluntarily issued reprieves for two men on death row in the wake of an unsuccessful execution attempt in September. Strickland set new execution dates for those men in March and April, an indication that the governor has reason to believe that questions about the state’s execution protocol would be answered by then.

It is telling that Strickland did not issue a reprieve for Kenneth Biros, 51, of Brookfield, who is scheduled to be executed Dec. 8 for the brutal 1991 murder and dismemberment of Tami Engstrom. The only logical reading of the governor’s nonaction was that he believed it is possible to have a new and clearly constitutional execution protocol in effect by the date of Biros’ scheduled execution. There is every reason to believe that if Strickland weren’t ultimately satisfied that the state could execute Biros without violating the constitutional stricture against cruel and inhuman punishment, he would issue a reprieve at the proper time.

Federal ruling intervenes

But instead of letting the state’s criminal justice procedures run their course, Judge Gregory L. Frost of the U.S. District Court in southern Ohio, inject his court into the process and issued a stay of execution for Biros.

This was an unnecessary and questionable intrusion by the federal courts into Ohio’s justice system on several counts, but most notably on these:

UThe court based its misgivings about executing Biros on unanswered questions regarding the attempted execution of Romell Broom on Sept. 15. Whatever questions that may been unanswered about the Broom execution, one thing is uncontroverted. Prison personnel tried unsuccessfully to find a vein on Broom’s body that would be suitable for the administration of the lethal drugs used in an execution and stopped the procedure when a suitable vein could not be found. Broom’s vascular problems are attributable to years of intravenous drug use and, possibly, other medical issues. There is no evidence that Biros has any similar medical issues or that there would be any difficulty in finding a vein through which the drugs could be administered, making Broom’s experience irrelevant.

UThe district court took extraordinary latitude in adopting as its own a precedent set days earlier by the Sixth Circuit Court of Appeals when it issued a stay of execution for another condemned man. In that ruling the Sixth Circuit said it would issue an injunction even though the plaintiff hadn’t demonstrated a substantial likelihood of a successful appeal based on the merits of his case.

This ruling is a slap in the face to Gov. Strickland, who has conducted himself thoughtfully and responsibly in carrying out his legal duties as governor, to the people of Ohio and their legal representatives — including Trumbull County Prosecutor Dennis Watkins and his staff — and, most especially, to Tami Engstrom’s loved ones, who have already gone through two postponements, including one that was issued after family members had traveled to Columbus for Biros’ scheduled execution.

Justice delayed

The office of Atty. Gen. Richard Cordray is already challenging the federal court’s order, and, if there is to be any justice for Engstrom’s family, we can only hope the appeal succeeds.

If Gov. Strickland had not believed that it would be possible to execute Biros properly on Dec. 8, he would have issued a reprieve. If a proper protocol were not in place as that date approached, we are confident that the governor would intervene.

This is a case of the federal court overstepping its bounds — even adopting a standard to intervene that runs counter to Supreme Court precedent. The court should step back and give the Engstrom family a chance to see justice administered. It is already long overdue.