Wednesday, Sep. 13, 2017

The Latest: US high court won't stop Ohio killer's execution

By The Associated Press

COLUMBUS, Ohio (AP) — The Latest on a condemned Ohio killer facing execution Wednesday (all times local):

8 p.m.

The U.S. Supreme Court has rejected a condemned Ohio killer's last-minute attempt to delay his execution.

Justice Elena Kagan said in a Tuesday night order the court had denied the request by Gary Otte (OH'-tee).

Otte is scheduled to die Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.

The 45-year-old inmate still has a final appeal before the state Supreme Court, arguing he shouldn't be put to death because of his age at the time of the crime. The court didn't indicate when it would rule, although an early morning decision Wednesday was likely.

Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura in suburban Cleveland in 1992.

___

2:40 p.m.

A condemned Ohio killer facing execution has appealed to the state Supreme Court, arguing he shouldn't be put to death because of his age at the time of the crime.

Lawyers for death row inmate Gary Otte (OH'-tee) also asked that his execution be delayed while the argument is made. The execution is scheduled for Wednesday.

Otte wants the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

A Cleveland appeals court rejected the age argument Tuesday morning.

A message was left with Cuyahoga (ky-uh-HOH'-guh) County prosecutors, who ae expected to oppose the request.

___

10:40 a.m.

An appeals court has rejected arguments from a condemned Ohio killer facing execution Wednesday that he shouldn't be put to death because of his age at the time of the crime.

The 8th Ohio District Court of Appeals in Cleveland says the request by Gary Otte (OH'-tee) can't be raised under Ohio law or current federal court rulings.

Lawyers for Otte wanted the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

A message was left with Otte's attorneys seeking comment.

___

10:30 a.m.

A condemned killer of two people has arrived at the southern Ohio prison where the state carries out executions.

Prisons spokeswoman JoEllen Smith says Gary Otte (OH'-tee) arrived at the Southern Ohio correctional Facility in Lucasville at 9:46 a.m. Tuesday. He's scheduled to die at 10 a.m. Wednesday.

Smith says that Otte's requested final meal, called the special meal in Ohio, includes a mushroom and Swiss cheese hamburger, a quart of Heath Bar ice cream and a slice of banana cream pie.

Otte was convicted of the 1992 killings of Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura. Both slayings took place in Parma, in suburban Cleveland.

The state plans to execute the 45-year-old Otte with a lethal combination of three drugs.

___

12:15 a.m.

Ohio is preparing to put a condemned killer to death Wednesday, beginning with moving the inmate to the prison where he will be executed.

Authorities typically transport inmates from death row in Chillicothe (chihl-ih-KAHTH'-ee) to the Southern Ohio Correctional Facility in Lucasville 24 hours before an execution.

Gary Otte (OH'-tee) was sentenced to die for the 1992 killings of Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura. Both slayings took place in Parma, in suburban Cleveland.

The state plans to execute the 45-year-old Otte with a lethal combination of three drugs.

On Friday a federal judge rejected Otte's argument that the first drug, a sedative called midazolam (mih-DAY'-zoh-lam), creates an unconstitutional risk of harm because it won't render him deeply unconscious enough.

2017-09-13 00:06:08 GMT

Copyright 2017. The Associated Press All Rights Reserved.
The information contained in the AP News report may not be published, broadcast, rewritten or redistributed
Ads by FindLaw