DEATH ROW Review of appeal process denied

The 6th U.S. Circuit Court of Appeals let stand Friday an earlier ruling by a three-judge panel of the court that said an inmate's appeal was filed too late.

The lawsuit was filed in 2004 by Richard Cooey, who was sentenced to die for raping and killing two University of Akron students in 1986. It did not seek to reverse Cooey's conviction or sentence but argued that the state's use of lethal injection is inhumane.

The latest ruling is not expected to have an immediate effect on executions in Ohio. The Ohio Public Defender's Office said it will now seek an appeal to the U.S. Supreme Court.

"We believe these issues are strong enough to merit the U.S. Supreme Court's time and attention," said Greg Meyers, the chief counsel to the Ohio Public Defender.

Meyers said an appeal would be filed as soon as possible.

What it could mean

Cooey's lawsuit has since been joined by several other death row inmates, including Biros.

LuWayne Annos, an assistant Trumbull County prosecutor, said Prosecutor Dennis Watkins was "very encouraged" by the decision.

Annos said the Biros case calls for his execution for the sake of justice.

If the U.S. Supreme Court allowed a challenge to the statue of limitations in filing appeals, it would open the door to an evidentiary hearing on the merits of the inmates' claim that Ohio's method of lethal injection is cruel and unusual punishment that amounts to torture.

The Ohio attorney general's office contends that Cooey did not file his motion within the two-year statute of limitations. Defense attorneys argued that the state miscalculated the start date for triggering an appeal.

Biros, of Brookfield, was convicted in Trumbull County Common Pleas Court for the 1991 murder of Tami Engstrom, of Hubbard, who was sexually assaulted and her body cut up.

Biros was scheduled for execution in March, but it was stayed when the latest appeal was filed.