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Killer asks Ohio Supreme Court to delay Wednesday execution

Killer asks Ohio Supreme Court to delay Wednesday execution”

The U.S. Supreme Court previously outlawed executions for those under 18 at the time of their crime.

He was 20 years old when he shot dead two people at their block of flats in suburban Cleveland, Ohio in 1992.

The decision means Otte's last appeal involves an argument before a state appeals court that he shouldn't be put to death because at the time of the crime he was only 20.

On Feb. 12, 1992, Otte shot Robert Wasikowski, 61, in the head from less than 2 feet away and stole $413, according to court documents.

Crack addict Otte returned to the same flat block the following day and fatally shot 45-year-old Ms Kostura in the head before stealing $45, her auto keys and a chequebook.

FILE - This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows death row inmate Gary Otte. Outside the prison in Lucasville, anti-execution activists tolled bells to mark his death, which the Associated Press recorded at 10:54 a.m. His last meal included a hamburger with Swiss cheese, soda and doughnuts, prison officials said.

Otte arrived at the prison on Tuesday.

The execution would be the second in OH this year, following the use of lethal injection in July on a man convicted of raping and killing his girlfriend's 3-year-old daughter in Akron in 1993.

A condemned killer of two people asked Ohio's highest court Tuesday to delay his upcoming execution so he can argue he was too young at the time of his crimes to be put to death.

Ministers and a nurse observing the lethal injection in case of problems planned to witness on Otte's behalf.

Anti-death penalty advocates say they've been expecting executions to go forward after they failed to stop Ronald Phillips' execution in late July.

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

Otte has argued that the state's use of 500 mg of the anesthetic midazolam would not render him sufficiently unconscious as to spare him from excruciating pain, an argument a federal magistrate struck down on Friday.

He returned to the apartment complex the next day and shot Sharon Kostura, 45, in the head before stealing $45, her auto keys and a checkbook, documents show.

Gov. John Kasich agreed with the parole board's unanimous recommendation to deny clemency to Otte. Otte's argument can't be raised under Ohio law or current federal court rulings, the 8th Ohio District Court of Appeals said.

The Cuyahoga County prosecutor said Otte still wouldn't take full responsibility and tried to blame others, including the victims.

Otte also lost an appeal challenging the use of midazolam as a sedative in that protocol.



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