Problems in injecting lethal chemicals have been reported in several states previously, but in those cases the executions went forward.
The failed attempt to execute an Ohio man has given new impetus to a lawsuit challenging the constitutionality of lethal injection in the state. Technicians were unable to kill Romell Broom on Tuesday, and now a judge is ordering Broom be deposed in the federal lawsuit, a day before the executioners are to try again.
The New York Times:
Two days after the execution of a convicted rapist-murderer was halted when technicians were unable to inject him with lethal drugs, a federal judge ordered Thursday that the inmate be deposed for a federal lawsuit challenging the constitutionality of Ohio’s lethal injection procedure.
The deposition for the inmate, Romell Broom, is set for Monday, a day before he is scheduled to be executed. His lawyers said they planned to file appeals in state and federal courts on Friday seeking to cancel or at least postpone his execution.
One of his lawyers, Adele Shank, said the appeals would present three arguments that executing Mr. Broom on Tuesday would constitute cruel and unusual punishment. They will contend that seven days is not enough time to recover from the physical and emotional trauma of the failed execution attempt, that Ohio’s lethal injection system in its current form is critically flawed and that lethal injection, in general, is cruel and unusual punishment.