OH death row inmate fights to halt execution scheduled Wednesday

Condemned killer won't appeal judge's ruling

The state argued there was no evidence that Phillips wasn't properly anesthetized during his execution.

In July, Ohio put to death Ronald Phillips, 43, who was convicted of raping and killing a 3-year-old child.

Otte was convicted of shooting Robert Wasikowski, 61, on February 12, 1992, and Sharon Kostura, 45, the following day.

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.

Late Tuesday, the U.S. Supreme Court denied a last-minute request from Otte to delay the execution.

Ohio Department of Rehabilitation and Correction spokeswoman JoEllen Smith said in an email that "we followed proper security protocol, and once her identity and intention was verified she was given permission to exit the room".

Otte was with his parents until about 8, with the visit conducted through the bars of his death house cell, Smith said.

The official time of death was 10:54 a.m. After Otte, 25 men are on Ohio's execution schedule over the next five years - more than in any other state.

On Friday a federal judge rejected Otte's argument that the first drug, a sedative called midazolam (mih-DAY'-zoh-lam), creates an unconstitutional risk of harm because it won't render him deeply unconscious enough. His last meal included a mushroom and Swiss cheese hamburger, a quart of Heath Bar ice cream and a slice of banana cream pie. Ministers and a nurse observing the procedure in case of problems planned to witness on Otte's behalf.

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

OH planned to use midazolam followed by rocuronium bromide to halt Otte's breathing and potassium chloride to cause cardiac arrest.

The Kentucky court ruling isn't binding on OH courts and the U.S. Supreme Court hasn't recognized Otte's under 21 age argument, the appeals court said.

A message was left with Cuyahoga County prosecutors, who are expected to oppose the request. Otte managed to get approximately $445 from the two victims.

The killings weren't spur-of-the-moment decisions by Otte, who lingered in the victims' apartments to rob them and even turned the TV up to block out Kostura's pleas for help, county prosecutor Michael O'Malley said in a January 30 filing with the parole board.

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