Ohio Death Penalty Information

Biros update:  As of about 8:15 this morning there was still no response from the US Supreme Ct. or US 6th Circuit Ct. of Appeals to uphold or lift the stay of execution still in effect for Kenneth Biros.

There is now a pretty good chance that things might not be legally resolved by 10:00 AM, and it should be pointed that the execution warrant for Biros is in effect until midnight tonight, so legal proceedings could continue on during the day.  There is still a high expectation that the existing stay of execution will not be lifted.

Biros update:  The stay of execution is still in effect for Kenneth Biros as of about 5:30 AM.  No rulings have been isssued yet by the US Supreme Ct. or US 6th Circuit Ct. of Appeals in response to the Ohio attorney general's appeal of yesterday afternoon's 6th Circuit ruling upholding the stay.

Reginald Fields has this article in the Cleveland Plain Dealer, entitled "Biros' stay of execution is upheld; court cites his lawsuit participation."  AP has this recent coverage.

Biros update:  As of about 3:30 AM, there had been no rulings from the US Supreme Ct. or US 6th Circuit Ct. of Appeals.

Biros update: 

• The Ohio Attorney General filed a late appeal today for a 6th Circuit en banc reconsideration of the court's earlier 3-judge panel ruling upholding the Biros stay of execution.  Biros' attorneys have filed a motion to strike the appeal arguing that the AG can't file the 6th Circuit appeal subsequent to the one filed earlier with the US Supreme Court.

• In the mean time, the US Supreme Court is considering a different stay application at the moment, and since the Biros stay is currently in effect, consideration of the Ohio AG's request to lift it will be follow resolution of the other matter.  It is possible that the court will not get a response out until tomorrow morning (this according to a contact at the court).

At the risk of perhaps grossly overestimating the significance of this blog, one must sometimes wonder who is reading it, and whether what shows up here could actually influence the behavior of attorneys in the Capital Crimes Division of the Ohio Attorney General's Office to try to effect certain public relations outcomes during critical stages of an Ohio capital case. 

6th Circuit upholds Biros stay of execution

The US 6th Circuit Ct. of Appeals has voted to uphold the US district court stay of execution in effect for Kenneth Biros since December 21.  Vote was by a 3-judge panel (Suhrheinrich, Siler, Gilman), which cited as it's reason for upholding the stay the pending appeal to the full 6th Circuit of its March 2 order dismissing the Cooey v. Taft lethal-injection challenge lawsuit, to which Biros is a party.  Notably, today's ruling is by the same 3-judge panel that ordered the dismissal of the Cooey suit.  The ruling appears not to be based on any deference to Biros' case other than recognition of the procedural necessities tied to the appeal of the Cooey v. Taft dismissal order currently underway.

The Ohio AG is appealing today's upholding of the Biros stay to the US Supreme Court (but not to the 6th Circuit for an en banc review); this is seen by some as an attempt to put on a show for the victims' family members, who continue to be used by this process.  The stay was considered likely to hold before today's ruling.  It is now considered extremely likely to hold.  (It's also true that the US Supreme Court can do whatever it wants.)

• When a response to the Ohio AG's appeal of today's ruling comes from the US Supreme Ct, it will be posted here immediately.  Response will most likely come this evening; however, it's conceivable that it will take until tomorrow morning for the court to respond.

Update:  AP has this report.

Today's order is here (2-page pdf).  (Hat-tip SL & P.)

Biros at Lucasville prison:  AP has this.

Strickland official statement denying clemency to Kenneth Biros:  Governor Strickland's official statement denying clemency to Kenneth Biros (issued on Friday) was posted to the Strickland website this morning.  Statement is here.

Biros media coverage:  This AP report by Tom Sheeran is carried by several Ohio news outlets today under various headlines.  The Akron Beacon Journal has the headline 'Crybaby killer' scheduled to die for 1991 murder; Young mother cut up, parts buried in 2 states. Execution delay sought."  The Columbus Dispatch has the article under the headline "Killer trying to delay his execution, but time is running out."  The Elyria Chronicle Telegram uses the headline "Biros could be first executed under Strickland."  The Bowling Green News has "Man to be executed for 1991 murder of Ohio woman."

Excerpt:
...[Biros attorney Tim] Sweeney, who has known Biros for more than six years, frowned at the mention of the “crybaby” reputation and said Biros’ tears showed he was sorry for the crime.

“I’m surprised by that kind of mocking him,” Sweeney said. “I think his tears were sincere tears of sorrow and regret and pain and recognition of what he has done.”

The victim’s family scoffs, sometimes in anger and sometimes in frustration, at Biros, his poetry, his prison tutoring and his reputation for good behavior behind bars, but mostly for the years they have waited to watch him die.

“I just don’t want any more delays,” Heiss said. “I want him to take his last breath. I want him off the face of the earth so we can have some closure, especially for my poor mother.” ...

Pending Biros execution (party time in Youngstown):  Ed Runyan has this article in the Youngstown Vindicator, entitled "Biros execution to be 1st from Trumbull in 68 years."  This accompanying piece outlines some of the procedures leading to Tuesday's possible execution, and provides a brief history of the use of capital punishment in Ohio. 

No other Sunday media coverage (that ODPI is aware of) of Tuesday's scheduled execution of Kenneth Biros, presently stayed pending the outcome of appeals before the US 6th Circuit Ct. of Appeals and US Supreme Court.  (More information here.)

Some coverage of Biros clemency denial:  Alan Johnson has this article in the Columbus Dispatch.  Christopher Bobby has this coverage in the Warren Tribune Chronicle.  Matt Snyder has this in the Sharon (PA) Herald.  Tom Beyerlein has this coverage in the Dayton Daily News.  Variations of this AP report are in several media outlets.

This Sharon Herald excerpt has some accurate information about the present (as of Saturday morning) legal status of the case:

...John Parker, Biros’ defense attorney, said he was disappointed by the governor’s decision. “We were hoping our governor would file a suit and not risk having an unconstitutional execution.”

He said some states had stopped their executions pending the result of a challenge to lethal injection’s constitutionality. North Carolina, Maryland, California and Missouri have put them on hold, Parker said.

Biros’ execution is still stayed as a result of a challenge to the lethal injection execution method in Ohio. A spokesman for Ohio Attorney General Marc Dann’s office, Leo Jennings, said there is a motion to vacate that stay, which the U.S. Court of Appeals for the Sixth Circuit may hear before Tuesday.

Parker said the defense on Friday also filed for another stay of execution with the U.S. Supreme Court. Parker said the stay was meant to give the court time to hear a case that was filed on March 6.

The case Parker wants heard, he said, argues that one of the prior appeals Biros was denied had relied on another court case in its decision. That other case, he said, has since been declared unconstitutional.

Watkins said Biros’ defense was re-litigating issues that had already been addressed. “It’s just absolutely wrong that at the last minute we’re getting these frivolous lawsuits to obstruct justice. I mean, how many times do you have to review something?”

Parker denied anything frivolous about their case, and said, “We’re just trying to pursue all legal remedies that are available.”

Parker said he had spoken to Biros on Friday. “He’s holding up,” Parker said. “He’s hopeful the Sixth Circuit or the U.S. Supreme Court will give him an opportunity to litigate these important issues.”

Dayton Daily News excerpt:

..."It's easy to demonize a guy that's committed a crime that's as terrible as the one Ken did," said his attorney, Timothy Sweeney of Cleveland. "It's very difficult to look past that (mutilation)."

But Sweeney said he's disappointed in Strickland's denial of clemency. He said Biros is remorseful and "was a relatively normal Ohio citizen (before the crime) — hard-working, a college graduate. He's a good, decent person."

Biros' only adult criminal offense prior to the murder was a 1986 drunk-driving citation he received after he plowed his car into a tree in what Sweeney said was a suicide attempt.

A federal judge in Columbus stayed Biros' execution in December to allow him to join a lawsuit arguing that the lethal injection execution method may cause extreme suffering masked by the effects of the drugs. The Ohio attorney general's office appealed the stay, and Sweeney said there are indications the Sixth Circuit U.S. Court of Appeals could rule to extend or lift it before Tuesday's execution date.