Federal court OKs Ohio execution delay

COLUMBUS, Ohio, Sept. 18 (UPI) -- Ohio penal authorities must wait at least 10 days before getting a second chance to execute convicted killer Romell Broom, a federal judge ruled Friday.

Broom, 53, was to have been killed by lethal injection last week but prison personnel couldn't get the necessary intravenous lines started despite trying for two hours. Ohio Gov. Ted Strickland ordered a one-week reprieve but steps taken by Broom's attorneys resulted in U.S. District Judge Gregory L. Frost granting a temporary restraining order to block the execution.

That order expires at the end of the day Sept. 28 but Broom's attorneys are requesting a preliminary injunction to push the delay beyond that time. Defense attorney Timothy Sweeney told the Dispatch he doesn't expect the execution to happen "at any time in the near future."

State officials didn't oppose the delay.

Broom's attorneys say another attempt to execute Broom would violate constitutional protections against "cruel and unusual punishment."

In an affidavit, Broom estimated he was "poked" 18 times by prison personnel trying to find a usable vein.

"Waiting to be executed again is anguishing," Broom's affidavit said. "It is very stressful to think about the fact that the state of Ohio intends to cause me the same physical pain next week."

Broom is facing the death penalty for kidnapping, raping and killing Tryna Middleton, 14, of Cleveland. The girl was abducted as she walked home from a football game on Sept. 21, 1984, and stabbed to death.