Federal judge allows 6 more inmates to join injection lawsuit

The state opposes the lawsuit, arguing that inmates missed a deadline for filing such a complaint.

The 2004 lawsuit was brought by Richard Cooey, sentenced to die for raping and killing two female University of Akron students in 1986.

An appeals court ordered the lawsuit dismissed over a statute of limitations issue earlier this year but has delayed that order to allow an appeal on that issue to the U.S. Supreme Court.

In his ruling Monday, Frost said he didn't see any unusual factors that would prevent the inmates from joining the lawsuit. He also said the "unsettled state of the law" given the appeals court ruling is an argument for allowing them to join.

"To conclude otherwise would be to run the risk that constitutional rights go unprotected for some parties while others receive consideration," Frost wrote.

In Delaware, a federal judge in February allowed all inmates on death row - currently 18 - to join that state's injection lawsuit, while similar lawsuits in California and Missouri have put all executions on hold.

Broom, 51, abducted 14-year-old Tryna Middleton in Cleveland at knifepoint on Sept. 21, 1984, while the girl was walking with friends. He then raped and stabbed her seven times, according to the attorney general's office.

Broom plans to ask Frost to delay his October execution, his attorney, Timothy Sweeney, said Tuesday.

The act of joining the lawsuit doesn't stop the state Supreme Court from setting other execution dates, said Brian Laliberte, an assistant attorney general.

"The question is whether Judge Frost will permit executions to go forward once those dates are set," he said.

Earlier this month, Frost granted a request by Hamilton County death row inmate Clarence Carter to delay his July 10 execution while the lawsuit works it way through the courts.

In addition to Broom, the inmates allowed to join by Frost's order include: Jason Getsy (Trumbull County), Kevin Keith (Crawford County), Jonathan Monroe (Franklin County), Billy Slagle (Cuyahoga County) and Mark Wiles (Portage County).

In addition to Cooey, the eight inmates already part of the lawsuit are: Johnnie Baston (Lucas County), Kenneth Biros (Trumbull County), Clarence Carter (Hamilton County), Nicole Diar (Lorain County), Jerome Henderson (Hamilton County), Jeffrey Hill (Hamilton County), John Spirko (Van Wert County) and Arthur Tyler (Cuyahoga County).