OH killer of 2 arrives at death house, chooses final meal

Condemned killer won't appeal judge's ruling
State prepares to put condemned Ohio killer of 2 to death

13 September, 2017

Both slayings took place in Parma in suburban Cleveland.

Otte is being housed in a cell near the death chamber in Lucasville, Ohio, where he will be served what authorities in the state refer to as his "special meal".

Otte is scheduled to be executed by injection on Wednesday at 10 a.m. local time at a prison in Lucasville, Ohio.

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.

The Ohio Supreme Court on Wednesday morning declined Otte's appeal for a stay he had sought on the grounds that it was unconstitutional to execute inmates who were younger than 21 at the time of their crime.

FILE - This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows death row inmate Gary Otte.

Relatives of his victims, Robert Wasikowski and Sharon Kostura, planned to witness the execution.

Smith said checks of his arms Tuesday indicated his veins were capable of accepting the IV used in lethal injection. His last meal included a mushroom and Swiss cheese hamburger, a quart of Heath Bar ice cream and a slice of banana cream pie.

OH halted executions in 2015 due to the difficulty in obtaining lethal injection drugs.

OH put the killer of a 3-year-old girl to death in July, the first execution in more than three years after a delay caused by a drug shortage.

In a tweet on the eve of the execution, his attorney, Vickie Werneke, said that while Otte had fought vigorously to stop the state from killing him, he was "at peace".

Otte unsuccessfully challenged the use of the first drug in Ohio's lethal-injection procedure, a sedative called midazolam, which was involved in problematic executions in Arizona and Oklahoma.

Otte has argued that the state's use of 500 mg of the anesthetic midazolam would not render him sufficiently unconscious as to spare him from excruciating pain, an argument a federal magistrate struck down on Friday.

Midazolam also has been used in executions without discernible problems, including the execution of Ronald Phillips in OH in July.

He returned to the apartment complex the next day and shot Sharon Kostura, 45, in the head before stealing $45, her vehicle keys and a checkbook, documents show.

Republican Governor John Kasich rejected a clemency request from Otte on September 1.

Otte's attorneys had argued a life sentence without parole was an appropriate alternative, saying Otte has matured and made efforts to better himself in prison.

The 8th Ohio District Court of Appeals in Cleveland says the request by Gary Otte (OH'-tee) can't be raised under Ohio law or current federal court rulings. Otte is not appealing that decision.

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