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Judge’s ruling clears the way for Ohio execution this month
By Marc Kovac
COLUMBUS
A federal judge has cleared the way for this month’s execution of Portage County killer Mark Wiles.
In a sternly worded decision Wednesday that starts with the question “Can Ohio Be Trusted?” and ends with “some trepidation,” U.S. District Judge Gregory Frost denied a temporary restraining order to block the April 18 lethal injection, essentially accepting a revised execution process outlined by the Ohio Department of Rehabilitation and Correction.
But in the 49-page ruling, Judge Frost wrote he was skeptical state prison officials would actually follow through on their execution protocols, and he gave a warning against future failures.
“They must recognize the consequences that will ensue if they fail to succeed in conducting a constitutionally sound execution of Wiles,” Judge Frost wrote.
The decision met with mixed reaction, with prosecutors saying Wiles’ execution is long overdue.
“We’re encouraged that justice could finally be done in this case and that the family will finally have some closure,” said Portage County Prosecutor Vic Vigluicci. He added later, “Certainly, 26 years is more than adequate to ensure all of his rights of appeal and his constitutional rights have been protected. That’s too long, actually.”
But Attorney General Mike DeWine said he is considering appealing the ruling. Though the outcome is in the state’s favor, DeWine said he takes issue with Judge Frost’s underlying argument.
“We think the rationale is not legally correct,” DeWine said. “And even though we ‘won’ this case, we think it presents some huge problems from a practical point of view in the future. And so we’re looking at it. We have not decided we’re going to appeal, but we very well may appeal this decision.”
Wiles has been on death row for the knifing murder of Rootstown teen Mark Klima more than 25 years ago after the 15-year-old caught the Portage County man burglarizing his family’s home.
Legal counsel for Wiles are seeking clemency in the case, saying he has admitted his guilt, is remorseful over the killing and has displayed good behavior while in prison.
But Wiles was uncooperative during the clemency process, and the state parole board unanimously recommended against a sentence commutation to life in prison without the possibility of parole. Gov. John Kasich has final say on the matter.
Pending other possible legal challenges, Wiles would be the first inmate to make the trip to the death house at the Southern Ohio Correctional Facility since late last year.
Earlier this year, Judge Frost blocked the state from carrying out two executions, including one for Charles Lorraine, convicted in the knifing murders of an elderly couple in Warren.
The judge issued the stays after determining that DRC officials failed to properly document the preparation of execution drugs and control who participated in the November execution of Reginald Brooks, among other issues.