Lawyer: Lethal injection ‘human experimentation’
The Associated PressCOLUMBUS - The state's new lethal-injection plan is so untested that it would amount to human experimentation if used for the first time next month, an attorney for a condemned inmate said in a Friday court filing.
There is no reason for federal courts to allow the scheduled Dec. 8 execution of Kenneth Biros given the lack of details in the proposed system, which replaces a fatal three-drug cocktail with a single powerful dose of anesthetic, attorney Tim Sweeney said.
Ohio also has proposed a two-drug muscle injection as a backup, but Sweeney said in a filing with the 6th U.S. Circuit Court of Appeals in Cincinnati that there's no evidence of the backup's reliability.
"There is nothing in the record on which this Court can make any legitimate determination as to whether the 'back-up' they have selected is as or more constitutionally problematic than a gunshot to the head," Sweeney wrote.
The proposal "is human experimentation, pure and simple," Sweeney said.
Biros killed 22-year-old Tami Engstrom in Brookfield in 1991. He had offered to drive her home from a bar, then dismembered her corpse and scattered her body parts in Ohio and Pennsylvania.
He acknowledged killing her but said it was done during a drunken rage.
Trumbull County prosecutor Dennis Watkins called Biros, 51, "a poster person for the death penalty."
Sweeney responded to a Friday afternoon deadline set by the 6th Circuit, which wants to know why a lawsuit challenging injection shouldn't be dismissed.
Biros has argued that Ohio's three-drug injection process could cause severe pain, in violation of the Constitution.
After the state last week replaced that system with a single dose of anesthetic, it said the new approach renders Biros' lawsuit moot.
Attorney General Richard Cordray said nothing is stopping Biros from challenging the one-drug proposal. But Cordray also pointed out that Biros and other inmates have often said that adopting the single-drug method could eliminate the risk of pain.
A federal judge has temporarily delayed Biros' execution but left open the possibility the execution could still happen if the state revised its injection rules.
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222tribfn
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11-21-09 8:41 PM
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I think we should sift through all the trash on death row and experiment. Biros is just the candidate for a lethal experimentation come on down ...Danny Hill, Roderick Davie why cant we experiment on all this trash in one day and make comparisons on the best outcome..quick death
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XANADU440
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11-21-09 4:26 PM
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Experimentation?????? Is that what Biros had in mind when he dismembered Tami Engstrom`s body and scattered it in Ohio and Pennsylvania? Are they to show this animal mercy? I think not! Get you`re azzes in gear Ohio and follow through with this death sentence along with all the others! The people are sick of this Sh,t ! LETS GO!!!!!! DO YOU`RE JOB!!!!!
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XANADU440
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11-21-09 3:29 PM
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GLOCK EM !!!
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tickedoffmom
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11-21-09 3:06 PM
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Just reading this Sh** freaking pi**es me off. Drunking rage when he did that to Tami, come on...he knew exactly what he was doing. If its not drugs they are blaming it is booze or they're mentally out in left field. Just shoot the whole lot of them. I'm tired of feeding these half wits and everything is free for them, so since I'm paying for them to be there, I want my portion to go toward killing their dumb a**es or give me my money back. They live better than we do.
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tickedoffmom
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11-21-09 3:02 PM
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OMG, this is stupid. Just get rid of Biros, Hill and any other jacka** on death row. Biros didn't care how painful it was when he killed Tami Engstom...so who gives a*****about him. Think about it, he raped, cut her and disposed of her in 2 states...what the hell, he think she enjoyed that. Shoot that SOB...or hand him over to her family and see how painful that would be.
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FACTORYWORKER
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11-21-09 2:29 PM
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This is just unreal.
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FACTORYWORKER
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11-21-09 2:29 PM
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Let's try it on Danny lee hill first. or a nice attorney,, they are just as nice as mr hill.
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DeputyDog
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11-21-09 11:40 AM
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I can't believe this. Now they have to argue over how to kill the murderer! We the people have spoken! Where's the rope!!!?
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franky
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11-21-09 10:38 AM
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biros is a great opportunity to try out a single injection. Have the firing squad standing by in case it doesn't work!
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Karrilyn
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11-21-09 10:33 AM
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Tame Engstrom didn't have a choice when she died, what makes Biros think his death should be anymore humane? Put those on death row to death the same way they did their victims, better yet get ship those on death row to Iraq to fight, less we have to pay for them!
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FACTORYWORKER
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11-21-09 9:34 AM
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Well, Mr Tim Sweeney, why don't we try it on you, see if it work's, if it does work then you cant cry about it, if it dont work then cry, oh, another thing, Mr attorney, who is paying you for all this, biros or the tax payer, the way i see it its just another way for attorneys get get a few dollars, Mr Sweeney, why dont you just hang out at the hospital, give people your phone number when they walk into the e,r.
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signmaned
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11-21-09 9:24 AM
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Too bad for Biros. He should have thought about it before he did what he did. No sympathy here!
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AFRET1
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11-21-09 7:34 AM
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First we have to determine who committed the crime, then arrest and prove that the charged person was the culprit, then present the case (and hopefully the jury will have the bal#s to convict), and after all of that hope that weak judges will render a deserving verdict, THEN we wait for years and years and years for an execution date, THEN some moron has issues with the means. GIVE ME A F'ING BREAK!!!
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DrSpankit
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11-21-09 7:13 AM
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I love the smell of a civilized mob on a saturday morning.....
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Patt
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11-21-09 2:37 AM
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take him to the fire department let someone whack his head off with a fire axe it will be quick and painless
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XANADU440
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11-21-09 1:43 AM
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Start Executing these scumb bags.Show them the same mercy they showed their victims! What they need is A one inch rope around theirs necks instead!
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Sassysue
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11-21-09 1:15 AM
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Well then let's try it on some of these attorneys filing all these motions. Save us a bunch of money!
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Gloria
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11-21-09 1:02 AM
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Cry me a river, you spineless attorneys and judges. Once again, my question, "Why do offenders of the law have more rights than law abiding citizens"??? This is insane. Weepy, weepy for the death sentence inmates. Who protected their innocent victims from pain and suffering? Get real. Let the executions begin.
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