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Biros’ lethal-injection federal trial begins



Published: Tue, March 24, 2009 @ 12:00 a.m.

STAFF/WIRE REPORT

COLUMBUS — Condemned killer Kenneth Biros argues that a drug used in Ohio’s execution process is so painful not even a veterinarian would use it. The state says there’s little evidence Biros would experience pain while being put to death.

A trial began Monday before U.S. District Court Judge Gregory Frost as part of Biros’ challenge of the state’s lethal injection process.

Frost is taking testimony from members of Ohio’s execution team and the state prisons department to determine whether Biros can proceed with a full-blown constitutional challenge of Ohio’s execution procedures.

Frost is allowing team members to testify behind a drawing board that shields their identities.

Frost must determine whether Biros can prove he has a chance of making a successful argument against injection in a longer and more detailed trial.

Biros, 50, was sentenced to die in 1991 for murdering and dismembering 22-year-old Tami Engstrom in Brookfield Township in Trumbull County. He later spread parts of her body in Pennsylvania. Not all of her body has been found.

On Monday, an execution team member identified only as “Team Member 19” described his involvement in 10 executions over the years. He testified that he worked as an execution narrator, and his job was to describe the minute-by-minute execution process by phone to corrections officials gathered at a command post.

Biros argues that evidence from executions around the country indicate he could suffer a painful death from the effect of the lethal chemicals.

Prison officials “intend to violate plaintiff’s constitutional rights by executing him with drugs that include a paralyzing agent veterinarians will not use for the euthanasia of cats and dogs,” Biros wrote in a 2006 court filing.

The state says there is little evidence of the sort of pain Biros alleges.

“We remain unaware of a single court in this country to find the lethal injection process in any state — much less Ohio — unconstitutional on the grounds asserted by Biros,” the state argued, also in 2006.

In granting Biros’ delay in 2006, Frost said Biros did show some signs that he could succeed in his case.

“The limited record before this court now includes a growing body of evidence calling Ohio’s lethal injection protocol increasingly into question,” Frost wrote.

The U.S. Supreme Court last year ruled lethal injection constitutional in a challenge to the procedures used by Kentucky. The decision left open the possibility of individual challenges to state’s specific procedures, some of which could differ from those in Kentucky.

Biros came within hours of execution in March 2007 before the U.S. Supreme Court allowed him to continue his lawsuit against Ohio’s execution process.


Comments

1gmann415(268 comments)posted 5 years, 6 months ago

what is wrong with our country. why do u let convicted killers have rights? did their victums and the victums family have any rights. what is it that makes thes killers robbers thugs and gangbangers have any rights at all. these animals are lucky that the united states doesnt put them to death the same way they killed their victums.

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2gmann415(268 comments)posted 5 years, 6 months ago

next time anyone thinks about commiting a crime they should first look up a ex convict. they know all the loopholes to get you out of a jam. just buy them their drug of choice.

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3momofsrl701(4 comments)posted 5 years, 6 months ago

Not even a vet would use it? Since when should we be concerned about that ... especially this guy. I mean, come on! How much concern did he who when he murdered Tami Engstrom, dismembered her body and took the liberty to drop pieces in different places in Pennsylvania???

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4Stan(9923 comments)posted 5 years, 6 months ago

It would be much less painful than what he did to Tami.

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5redvert(2065 comments)posted 5 years, 6 months ago

Keep in mind, whether or not this scumbag wins his case depends a great deal on how liberal this District court is. The criminal seems to have more rights than the victims do anymore.

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6pam(1 comment)posted 5 years, 6 months ago

Why waste any more of our tax money on this?
Maybe he will hear his victims screams as he is going down. We're sure she felt pain as he murdered her. He has breathed our air long enough!

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7gmann415(268 comments)posted 5 years, 6 months ago

any scum nag like this shoul be forced to feel the max amount of pain. to be honest he should be killed without remorse and he should be killed the sameway.

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8stargolddust(2 comments)posted 5 years, 6 months ago

Thank you all for your comments, support and prayers through all of these years. My family and I deeply appreciate all of your concern.

Debi Heiss

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9gmann415(268 comments)posted 5 years, 6 months ago

hey ken, did you give tami anything for pain before you did what you did to her. u r a scumbag dirtball you are very lucky that the courts didnt let the family put a stab wound into u and tie you to a tree for all the animals to smell and to come and eat you. you a sick freak of nature who is only worried about yourself feeling pain. but what about tami? you put this girl and her family thru so much pain. how in the hell can you even wake up in the morning. if i were you id dig a hole and crawl in it to die.

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