A judge has ordered that an Ohio rapist-murderer testify about this week’s botched attempt to execute him with lethal drugs, reports the New York Times. Prisoner Romell Broom’s attorneys are challenging the constitutionality of Ohio's lethal injection procedure. The Columbus Dispatch reports that the execution has been delayed until at least Sept. 29.
Attorney Adele Shank said the appeal will argue that executing Broom on Tuesday would constitute cruel and unusual punishment. Attorneys will contend that seven days is not enough time to recover from the physical and emotional trauma of the failed execution attempt, that Ohio's lethal injection system in its current form is critically flawed and that lethal injection, in general, is cruel and unusual punishment. Prosecutor Bill Mason said that Broom’s fatal stabbing of Tryna Middleton, 14, in 1984 also was cruel and unusual punishment, the Associated Press reports.