John Spirko granted inclusion in Ohio lethal-injection challenge case

Wednesday, 22 November 2006

http://ohiodeathpenaltyinfo.typepad.com/ohio_death_penalty_inform/2006/11/john_spirko_gra.html

John Spirko granted inclusion in Ohio lethal-injection challenge case / denied preliminary injunction staying April 17, 2007 execution

In a ruling substantially similar to that issued in the Jerome Henderson case on November 10 (see here), Judge Gregory Frost of the US District Ct for Southern Ohio today granted John Spriko's request to be included in the Cooey v. Taft lawsuit challenging Ohio's lethal-injection protocol, but denied Spriko's request for a preliminary injunction that would stay his April 17, 2007 execution date. As he did in the Jerome Henderson ruling,

Judge Frost stated that he thought Spriko should be granted the stay of execution, but was constrained from issuing the order because of the US 6th Circuit Ct of Appeals ruling on October 23 which lifted a stay of execution for Jeffrey Lundgren at the last minute without explanation.
Today's order by Judge Frost is here (14-page pdf).

Excerpt from today's court order:

...this Court is of the view that Spriko's motion for a preliminary injunction should be granted. But, as also noted, this Court is barred by the Sixth Circuit's October 23, 2006 Order. That being so, the Court is constrained by that decision to deny Spirko's motion for a preliminary injunction to stay his execution. That the Court cannot tell Spriko substantially why his request for injunctive relief fails is unfortunate.

More information on John Spirko - whose was recently granted a fifth execution reprieve until April 17, 2007, pending the outcome of ongoing DNA testing in his case - is here.

Posted on Wednesday, 22 November 2006 at 03:51 PM