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| Court Postpones Ohio Execution |
| By Associated Press |
| Published: 09/12/2001 |
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Hours after the governor denied him clemency, a federal appeals court panel delayed the execution of John W. Byrd Jr., a convicted killer who has chosen the electric chair over lethal injection to illustrate what he says is the brutality of capital punishment. The three-judge panel of the 6th U.S. Circuit Court of Appeals on Monday denied Byrd's requests to re-examine his case and stop the execution, but one judge asked for more time for the full court to study the case. The execution was postponed from Wednesday until Sept. 18. 'The complexity of the issues raised by (Byrd) are of such scope and magnitude as to demand a careful and exhaustive analysis,' Judge Nathaniel R. Jones wrote. Byrd, 37, would be the first inmate to die in Ohio's electric chair in 38 years. He claims an accomplice stabbed a clerk to death in a 1983 robbery at a Cincinnati convenience store. Earlier Monday, Gov. Bob Taft followed the recommendation of the Ohio Parole Board, which voted 10-1 on Aug. 23 against clemency. The board said statements by an accomplice exonerating Byrd of the slaying lacked credibility. 'I can find no reasonable or compelling reason to disagree with these very thorough evaluations of Mr. Byrd's case,' the governor said in refusing to commute the sentence to life in prison. Byrd has been charged with 20 major rules violations, including assaults, behind bars, prompting the governor to add: 'Nothing in Mr. Byrd's prison record suggests any serious effort on his part to rehabilitate himself or to atone for the crime he committed.' Ohio lets condemned inmates choose between electrocution and lethal injection. Byrd chose the electric chair, saying through his attorneys that he wants to make it harder on his executioners and confront them with the brutality of capital punishment. |
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