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| Inmate's Stay of Execution Extended |
| By Associated Press |
| Published: 10/11/2001 |
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A federal appeals court Tuesday extended death-row inmate John Byrd Jr.'s stay of execution at least 45 days while a lower court investigates his claim of innocence. The appellate court earlier had halted Byrd's scheduled Sept. 12 execution for murdering a suburban Cincinnati store clerk 18 years ago. It would have been Ohio's first electrocution and third execution since 1963. On Sept. 12, the U.S. Supreme Court turned down Ohio's request to allow the state to move ahead with Byrd's execution. Byrd has acknowledged taking part in the robbery, but has denied stabbing the clerk. Byrd says the stabbing was committed by an accomplice in the robbery. A majority of the court's nine active judges voted Tuesday to order appointment of a federal magistrate to investigate the evidence. The magistrate is to submit a report to the appellate judges within 45 days of being appointed. |
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