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Execution process in Ohio to be reviewed by federal court

COLUMBUS — A federal appeals court plans to consider arguments over the constitutionality of Ohio’s lethal injection process as the state tries to start carrying out executions once again.

Eight Trumbull County inmates sit on Ohio’s death row, including the only woman, Donna Roberts. There are six death row inmates from Mahoning County.

At issue is whether a contested sedative, midazolam, is powerful enough to put inmates into a deep state of unconsciousness before two subsequent drugs paralyze them and stop their hearts.

A related issue is whether Ohio has a realistic chance of finding an alternative drug — a barbiturate called pentobarbital — that once was widely used in executions but has become difficult or, in Ohio’s case, impossible to obtain.

The 6th U.S. Circuit Court of Appeals in Cincinnati had scheduled arguments for Tuesday, but reset them for March 7. The court’s ruling, likely a few weeks afterward, will be closely watched not just in Ohio but in other states that use midazolam or might be looking to try it.

The case reached the court after Ohio appealed a federal judge’s ruling that rejected the state’s current three-drug method.

Executions have been on hold since January 2014 when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona.

Ohio announced its three-drug method in October, and said it had enough for at least four executions, though records obtained by The Associated Press indicated the supply could cover dozens of procedures.

The prison system used 10 milligrams of midazolam on McGuire. The new system calls for 500 milligrams. The state said there’s plenty of evidence proving the larger amount will keep inmates from feeling pain.

Ohio also said the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma.

“Ohio has the capability to perform constitutional executions now. It should be permitted to do so,” Thomas Madden, an assistant attorney general, said in Ohio’s appeal.

Attorneys for death row inmates said Magistrate Judge Michael Merz got it right in last month’s ruling, when he said that the “three-drug midazolam protocol creates a substantial risk of serious harm.”

Those attorneys also said the U.S. Supreme Court case involved evidence unique to Oklahoma. And they said Ohio has an alternative option: finding pentobarbital.

Ohio disagrees, and said that over time it asked seven states in vain for the drug. Of the seven, only Georgia, Missouri and Texas appear to have reliable sources of pentobarbital when needed. Those states won’t reveal the source.

On Feb. 10, Republican Ohio Gov. John Kasich delayed eight executions to allow time for the appeals court arguments.

Ronald Phillips, who was scheduled to die Feb. 15 for raping and killing his girlfriend’s 3-year-old daughter in Akron in 1993, is now set for execution May 10.

DEATH ROW INMATES

Trumbull County

• Danny Lee Hill: Convicted of raping, torturing and murdering 12-year-old Raymond Fife Sept. 12, 1985, in a field on Warren’s southwest side. On death row since 1986.

• Charles Lorraine: Convicted of murdering Raymond Montgomery, 77, and his wife, Doris Montgomery, 80, during a robbery in their Warren home May 6, 1986. On death row since 1986.

• Andre Williams: Convicted of murdering George Melnick, 65, during a robbery at a Wick Street SE home Aug. 15, 1988, and of beating and sexually assaulting Katherine Melnick, 64, leaving her blind. On death row since 1989.

• Sean Carter: Convicted of robbing, raping and killing his grandmother, Veader Prince, of Southington, in her home September 1997. On death row since 1998.

• Stanley Adams: Convicted in August 2001 on seven counts charging him with murdering Esther Cook, 43, and raping and murdering her 12-year-old daughter, Ashley, after their bodies were found Oct. 12, 1999, in their bloody Dickey Avenue N.W. home in Warren. On death row since 2001.

• Nathaniel Jackson: Convicted of killing Robert Fingerhut, 57, who was ambushed in his Howland home Dec. 11, 2001, after a plot was formed with a lover/co-conspirator Donna Roberts. On death row since 2002.

• Donna Roberts: Convicted as the lover / co-conspirator in the murder of her husband, Robert Fingerhut, after plotting with Jackson to kill Fingerhut and collect insurance money in the scheme. On death row since 2003.

• David Martin: Convicted in September of 2014 for the Sept. 27, 2012 murder, robbery and kidnapping of Jeremy Cole, 21, and attempted murder of Melissa Putnam on Oak Circle S.W. The couple was tied up and each was shot execution style, with Putnam surviving the shot after deflecting the bullet with her hand. On death row since 2014.

Mahoning County

• Bennie Adams, 53: Convicted of aggravated murder. On death row since 2008.

• John Drummond, 34: Convicted of two counts of aggravated murder, two counts of attempted aggravated murder, two counts of felonious assault and one count of improperly discharging firearms into a home. On death row since 2004.

• John Eley, 61: He was convicted of aggravated murder and aggravated robbery. On death row since 1987.

• Scott Group, 46: Convicted of aggravated murder, two counts of attempted aggravated murder, one count of aggravated robbery and one count of intimidation. On death row since 1999.

• Willie Herring, 33: Convicted of three counts of complicity to commit aggravated murder, two counts of attempted aggravated murder and two counts of aggravated robbery. On death row since 1998.

• Warren Spivey, 41: On death row since 1989.

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