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Home News Injustice in Ohio Biros execution in doubt? Biros execution in doubt?
Saturday, 06 January 2007
AP excerpt:
Gov.-elect Ted Strickland said Friday he will not have ample time to review the case of condemned killer Kenneth Biros before the scheduled execution date, signaling the likelihood that the first execution of his administration will be postponed.
"In talking with my legal counsel and with Gov. Bob Taft's legal counsel, they have told me there is no way that we can have time to do the kind of analysis dealing with that that Bob Taft does," Strickland told The Associated Press. "It takes him much longer than that amount of time that I would have."
The statement was met with unified wonder by those for and against the death penalty: Does this mean the new governor is reconsidering the death penalty?
...Strickland, who takes office Monday, would have 16 days to review Biros' case if his execution is carried out on its scheduled date of Jan. 23. Strickland said Taft's reviews have typically taken at least several months.
News Articles
Execution likely to be postponed
Saturday, January 6, 2007
Tami Engstrom's sister says she's upset with Strickland's decision.
STAFF/WIRE REPORT
COLUMBUS — Gov.-elect Ted Strickland said he will not have ample time to review the case of condemned killer Kenneth Biros, signaling the likelihood the first execution of his administration will be postponed.
"In talking with my legal counsel and with Gov. Bob Taft's legal counsel, they have told me there is no way that we can have time to do the kind of analysis dealing with that that Bob Taft does," Strickland told The Associated Press. "It takes him much longer than that amount of time that I would have."
That decision, however, has prompted an angry reply from the family of Biros' victim, Tami Engstrom.
Debi Heiss, of Hubbard, Engstrom's sister, said Friday she is sickened by the news.
"What I went through yesterday [Thursday] was like the murder trial all over again. It was so hard," Heiss said of the clemency hearing held in Columbus before the full Ohio Parole Board.
"My strength is running out. It's ridiculous. I'm really upset right now," she said after learning of Strickland's remarks about needing more time to review the case.
"Why should we have to wait when he [Biros] is as guilty as can be? He admitted everything he did. There's no question of his guilt," she said.
Heiss noted that her mother, MaryJane Heiss, has been ill and still traveled to Columbus with her, and the proceedings have likewise taken a huge financial and emotional toll on her.
"I worked so hard on my statements" to the parole board, she said. Afterward, she came home and closed a folder containing documents connected with the case, hoping she could keep it shut a while.
Exchange of letters
Heiss noted that she wrote a letter to Strickland asking him to begin studying the case in advance of taking office as governor, and Strickland wrote back to say that he would do everything he could. She hopes he fulfills that promise.
Heiss reiterated her request that people write to Strickland to ask that he not delay the execution, which is set for Jan. 23. His address is 77 S. High St., 30th Floor, Columbus 43215.
Strickland, who takes office Monday, would have 15 days to review Biros' case if his execution is carried out on the scheduled date. Strickland said Taft's reviews have typically taken several months at least.
Judge Gregory L. Frost of the Southern District of Ohio granted a request Dec. 21 to delay Biros' execution until a further order from the court, as part of an ongoing case challenging the humanity of Ohio's lethal injection procedures. State attorneys have appealed the delay.
Strickland said that even if a court allows Biros' execution to go forward, however, he won't be ready by that date.
"If it does go forward, I'm going to make absolutely sure that I have sufficient time to do whatever is necessary to properly exercise that authority," he said.
Andrea Dean, a spokeswoman for the Ohio Department of Rehabilitation and Correction, said the governor has two options affecting scheduled executions: issuing a reprieve that could delay the execution for a period the governor designates, or granting clemency.
A recommendation on Biros' clemency will be delivered to Strickland on Wednesday, she said.
About the crime
Biros was convicted in the 1991 slaying, mutilation and dismemberment of 22-year-old Engstrom near Warren — after he had offered to drive her home from a bar. Parts of Engstrom's body were found scattered across two Pennsylvania counties and in the trunk of Biros' car.
Jim Tobin, a spokesman for Ohioans to Stop Executions, said enough questions have been raised about the fairness with which the death penalty is meted out and the pain and suffering caused by lethal injection to warrant a delay.
Don White, immediate past president of the Ohio Prosecuting Attorneys Association, said the nature of Biros' crime should leave Strickland with little hesitation.
"A guy like that deserves cruel and unusual punishment," he said. "He needs to think about that? That scares me."
Strickland has said he supports the death penalty and will have no problem carrying it out as governor, but White said delaying the first execution of his administration is not a good sign for death-penalty supporters.
Tobin said the governor is right be cautious with the executions of Biros and two other death row inmates scheduled within the first two months of his term.
"He has said he could support the death penalty, but he's also said there are a whole lot of questions that need to be answered here," Tobin said. "Maybe this will give him time to look at some of those questions. We have our fingers crossed."
source: http://www.vindy.com/content/local_regional/15692273700895.php
Source: http://www.tribune-chronicle.com/News/articles.asp?articleID=13108
Strickland says he might delay executions
Saturday, January 06, 2007
THE COLUMBUS DISPATCH
Concerned he may not have adequate time after taking office to make life-or-death clemency decisions about pending executions, incoming Gov. Ted Strickland suggested yesterday that he may have to delay them. The execution of Kenneth Biros, set for Jan. 23, already is on hold because of a federal judge’s order. But Strickland said if that stay is lifted, he’ll likely need more time to review the case before deciding whether to allow the execution to proceed. "I want to make absolutely sure that I have enough time to approach this in a deliberative, thoughtful manner, and I think it is the only responsible thing to do given the circumstances of the timeline here," Strickland said. Two more Ohio executions are scheduled for February, but Strickland said he hasn’t made any decisions on those cases. Strickland, a Democrat who supports the death penalty, said he also has concerns about recent court rulings questioning whether executions by lethal injection — the method used in Ohio and most other states — are cruel and unusual punishment. "I would hate for someone to be executed on a Wednesday and then on the following Thursday for the court to say that we had just employed an unconstitutional method of doing that," Strickland said. The governor-elect said he has not reached any conclusions about whether he would consider delaying an execution on those grounds but would like more guidance from the courts. Florida Gov. Jeb Bush, a Republican, recently cited similar concerns in imposing a temporary moratorium. Strickland, who takes office Monday, said attorneys for outgoing Gov. Bob Taft told Kent Markus, Strickland’s new top attorney, that it took Taft’s office weeks to conduct interviews and review documents before deciding a clemency case. Ohio’s governor has unlimited executive clemency power to grant temporary reprieves, such as he would in this case, to stop an execution altogether or to allow it to go forward. The only requirement is that the governor must have a nonbinding recommendation from the Ohio Parole Board. A board recommendation in Biros’ case will be sent to Strickland on Wednesday, according to the Ohio Department of Rehabilitation and Correction. The Ohio Supreme Court scheduled these executions for Strickland’s first two months on the job:
• Biros, 48, of Trumbull County, is to be executed for the Feb. 7, 1991, mutilationslaying of 22-year-old Tami Engstrom.
• James Filiaggi, 41, of Lorain County, is to die Feb. 13 for the 1994 murder of his wife, Lisa.
• Christopher J. Newton, 37, of Richland County, is to be lethally injected Feb. 27 for murdering Jason Brewer, his cellmate at the Mansfield Correctional Institution. Of the three condemned men, only Biros has a stay of execution, granted Dec. 21 by U.S. District Judge Gregory L. Frost. However, a stay is no guarantee of avoiding the executioner. Cult-killer Jeffery Lundgren’s execution was postponed by Frost, but the ruling was reversed by the 6 th U.S. Circuit Court of Appeals about 3 a.m. on Oct. 24. Lundgren was executed seven hours later. Ohio has had 24 executions, all under Taft’s watch, since 1999. "This email address is being protected from spam bots, you need Javascript enabled to view it!" "This email address is being protected from spam bots, you need Javascript enabled to view it!"
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