The Trumbull County prosecutor's office says Biros has exhausted his appeals.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Saying all of the state and federal remedies available to convicted murder Kenneth Biros have been exhausted, the Trumbull County prosecutor's office has asked the Ohio Supreme Court to set an execution date for him.
Biros most recently sought a review by the U.S. Supreme Court, but the high court denied the request Oct. 2. Since the dismissal, Biros sought to be included in a case pending before the U.S. Circuit Court for the Southern District of Ohio that challenges the constitutionality of lethal injection as a method for execution in Ohio.
Biros of Brookfield, convicted in 1991 of the aggravated murder of Tami Engstrom of Hubbard, appealed his conviction to the 11th District Court of Appeals, which upheld the death sentence in 1995. Leading up to the U.S. Supreme Court decision, Biros' case went through the U.S. 6th Circuit Court.
"With this procedural history, it is clear [Biros] has exhausted his state and federal court reviews of his conviction" the prosecutor's office wrote in a motion this week.
"The Engstrom family has been waiting to see justice in this case and have waited a long time," LuWayne Annos, assistant Trumbull County prosecutor, said of the request. "We'd like to see justice."
"We have a valid death sentence that has been upheld in every court but one and then immediately overturned. It's time to get to a date, preferably in 2006 or 2007, and be acted upon," Annos said.
She added that it is necessary for the Ohio Supreme Court to be asked for an execution date because Biros' original execution date was stayed when he was granted his first appeal.
Noting that Biros has not sought a stay of execution from the Ohio Supreme Court, the motion states any further filings by Biros "are likely to be [done] for purposes of delay."
It said Biros' "11th-hour foray into the U.S. Circuit Court can only be construed as a stall tactic to delay his inevitable date with death."
Biros was also convicted on charges of felonious sexual penetration, aggravated robbery and attempted rape.