Executions suspended in Ohio until review of the botched lethal injection of Romell Broom is complete, rules US court

In a 2-1 ruling , a 6th Circuit Court of Appeals panel said that upcoming Reynolds' execution should not proceed before a federal court considers the issues with the botched execution of Romell Broom. As a result Gov. Ted Strickland placed a hold on executions of 2 death row inmates.

The court pointed to "serious and troubling difficulties in executing at least three inmates" that raised questions about whether prison officials are "completely adhering to the Ohio lethal injection protocol."

Broom's execution was halted after two hours during which emergency medical technicians failed to find a suitable vein to hook up the IV lines. In the process, they stuck Broom with needles 18 times, causing intense pain, according to the inmate's deposition.

Judge R. Guy Cole Jr. said the Broom execution "raises concerns about the maladministration under the Ohio protocol" and that the condemned man's Eighth Amendment constitutional rights against cruel and unusual punishment may have been violated.

The "disturbing issues give rise to at least 2 questions," the court said, including whether the state is competent enough to carry out the executions and whether the recent developments revive Reynolds' 8th amendment claim that the execution would be cruel and unusual.

Mr. Reynolds's lawyers cited Mr. Broom's ordeal in arguing for a stay:

"If his death sentence is not enjoined or otherwise delayed, the same inadequately trained and unskilled individuals will attempt to execute Reynolds under the same flawed lethal injection protocol employed in the Sept. 15, 2009, attempted execution of Broom," the lawyers argued in a motion filed on Sept. 28 with the Ohio Supreme Court as well as the Sixth Circuit.

The state could ask the full court to review the panel's decision. Failing that, the decision could be appealed to the U.S. Supreme Court.

The Judges appear more reasonable than the prison officials. Ohio State prisons Director Terry Collins had stated that the difficulty in the process, "absolutely, positively" did not shake his faith in the state's lethal injection procedure, adding: "I have confidence in the process. I have confidence in my team."