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Thread: Gary W. Otte - Ohio Execution - September 13, 2017

  1. #31
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    Man set to die for two Parma murders loses federal challenge to Ohio's execution method

    CLEVELAND, Ohio -- A federal magistrate judge in Dayton cleared the way for the execution of a man convicted of killing two people in Parma in 1992 by rejecting the latest challenge the three-drug combination the state of Ohio uses in its executions.

    Judge Michael Merz wrote Friday that Gary Otte, who is awaiting execution, did not show that the drugs are "sure or very likely to cause severe pain." Otte had argued that the state's use of 500 mg of midazolam would not render him sufficiently unconscious as to spare him from excruciating pain.

    Otte, of Terre Haute, Indiana, shot Robert Wasikowski in the head after talking his way into the 61-year-old man's apartment on Feb. 12, 1992. Otte also killed Sharon Kostura, 45, the next day after he forced his way into her apartment at the same complex.

    The 45-year-old was found guilty of two counts of aggravated murder and other crimes later that year. He received death sentences for both killings. He is expected to soon be moved to a prison in Lucasville, where the state carries out its executions.

    His arguments this week went in front of the same judge who previously declared the state's latest method of executing death-row inmates unconstitutional. A federal appeals court later reversed his decision, and the U.S. Supreme Court declined to intervene before the state executed Akron child killer Ronald Phillips in July.

    Phillips died with no complications.

    Case law says that an inmate challenging an execution method must provide a feasible alternative method. Otte said the state should hook up electronic monitoring devices to his body to ensure he is unconscious before the last two drugs -- a paralytic agent and potassium chloride, which will stop his heart and ultimately kill him -- are administered.

    Merz rejected this argument, writing that Otte did not show that the monitoring device's measurements would show a correlation to any pain Otte might suffer.

    The state also showed that its so-called "consciousness checks," which it performs with methods such as touching the inmate's eyeball, are aggressive enough as to elicit a response from somebody who might be conscious, Merz wrote.

    Friday's ruling is the latest setback for Otte. The Ohio Supreme Court on Thursday declined to stay his execution. Gov. John Kasich last week declined to grant Otte clemency.

    Still, Otte is expected to file a number of challenges to his case between now and Wednesday in an attempt to delay his execution.

    http://www.cleveland.com/court-justi..._two_parm.html

  2. #32
    Moderator Ryan's Avatar
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    Otte due to arrive at Lucasville death house approximately 10am local time

  3. #33
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    Court rejects Ohio killer’s age argument as execution nears

    COLUMBUS, Ohio — An appeals court has rejected arguments from a condemned Ohio killer facing execution Wednesday that he shouldn’t be put to death because of his age at the time of the crime.

    The 8th Ohio District Court of Appeals in Cleveland says the request by Gary Otte (OH’-tee) can’t be raised under Ohio law or current federal court rulings.

    Lawyers for Otte wanted the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

    Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW’-skee) and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

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

    https://www.washingtonpost.com/natio...=.324272404121
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  4. #34
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    Condemned killer won’t appeal judge’s ruling

    COLUMBUS — A lawyer for a condemned killer facing execution Wednesday says the inmate won’t appeal a judge’s ruling rejecting arguments that the state’s three-drug lethal injection process is unconstitutional.

    Federal Judge Michael Merz said Friday that inmate Gary Otte still hasn’t proved he would experience pain after being injected with midazolam, the first drug in the process.

    Federal public defender Vicki Werneke said Monday that no appeal would be filed. She declined to further comment.

    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.

    Otte was sentenced to die for the Feb. 12, 1992, killing of Robert Wasikowski and the Feb. 13, 1992, killing of Sharon Kostura. Both slayings took place in Parma, in suburban Cleveland.

    Ohio put the killer of a 3-year-old girl to death in July, the first execution in more than three years after a delay caused by a drug shortage.

    http://www.delgazette.com/news/61073...-judges-ruling
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  5. #35
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    Ohio killer Gary Otte picks final meal: burger, ice cream, banana cream pie

    COLUMBUS, Ohio — A condemned killer of two people has arrived at the southern Ohio prison where the state carries out executions.

    Prisons spokeswoman JoEllen Smith says Gary Otte arrived at the Southern Ohio correctional Facility in Lucasville at 9:46 a.m. Tuesday. He's scheduled to die at 10 a.m. Wednesday.

    Smith says that Otte's requested final meal, called the special meal in Ohio, includes a mushroom and swiss cheese hamburger, a quart of Heath Bar ice cream and a slice of banana cream pie.

    Otte was convicted of the 1992 killings of Robert Wasikowski and Sharon Kostura. Both slayings took place in Parma, in suburban Cleveland.

    The state plans to execute the 45-year-old Otte with a lethal combination of three drugs.

    An appeals court rejected arguments that he shouldn't be put to death because of his age at the time of the crime.

    The 8th Ohio District Court of Appeals in Cleveland says the request can't be raised under Ohio law or current federal court rulings.

    Lawyers for Otte wanted the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

    http://triblive.com/usworld/world/12...e-cream-banana
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  6. #36
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    Ohio killer of 2 appeals to state Supreme Court

    A condemned Ohio killer facing execution has appealed to the state Supreme Court, arguing he shouldn't be put to death because of his age at the time of the crime.

    Lawyers for death row inmate Gary Otte (OH'-tee) also asked that his execution be delayed while the argument is made. The execution is scheduled for Wednesday.

    Otte wants the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

    Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

    A Cleveland appeals court rejected the age argument Tuesday morning.

    A message was left with Cuyahoga (ky-uh-HOH'-guh) County prosecutors, who ae expected to oppose the request.

    http://www.wral.com/the-latest-ohio-...ourt/16943333/
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  7. #37
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    Cert and stay of execution denied.

    https://www.supremecourt.gov/orders/...17zr1_g314.pdf

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  9. #39
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    Ohio Supreme Court has denied Otte’s motion for a stay of execution.

    http://www.supremecourt.ohio.gov/rod...-Ohio-7587.pdf
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  10. #40
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    Ohio has executed Gary Otte for the 1992 murders of Robert Wasikowski and Sharon Kostura.

    https://twitter.com/dansewell/status/907982356233023488
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