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Ohio becomes first state to execute inmate with one-drug injection
Published Wednesday, December 9, 2009
LUCASVILLE (AP) — Ohio made history in September when an execution was botched so badly the governor called it off. The state made history again Tuesday, executing an inmate with just one drug for the first time in the United States.
Kenneth Biros, 51, was pronounced dead shortly after one dose of sodium thiopental began flowing into his veins at the Southern Ohio Correctional Facility. The U.S. Supreme Court had rejected his final appeal two hours earlier.
Experts had predicted that sodium thiopental — used in many parts of the world to put pets down — would take longer to kill than the previous method. But the 10 minutes it took Biros to die was about as long as it has taken other inmates in Ohio and elsewhere to succumb to the three-drug combination.
The mother, sister and brother of Biros’ victim, Tami Engstrom, applauded as the warden announced the time of death.
“Rock on,” Debi Heiss, Engstrom’s sister, said a moment earlier as the curtains were drawn for the coroner to check on Biros. “That was too easy.”
Ohio’s switch to one drug was born of a botched execution attempt on another inmate in September, but critics of the three-drug method have long argued that it amounts to cruel and unusual punishment in violation of the U.S. Constitution because it can subject the condemned to extreme pain while leaving them immobile and unable to cry out.
The three-drug method consists of sodium thiopental, a common anesthetic, along with pancuronium bromide, which paralyzes muscles, and potassium chloride, which stops the heart. The single-drug technique amounts to an overdose of the anesthetic — a method that injection experts and defense attorneys agreed would not cause pain.
Biros’ executioners struggled for several minutes to find suitable veins, inserting needles repeatedly in both arms before completing the process on just his left arm. He winced once, and his attorney, John Parker, said he was concerned by all the needle sticks.
But prison officials declared nothing amiss.
Prisons director Terry Collins said the process worked as predicted.
After the chemical started flowing, Biros’ chest heaved several times, and he moved his head twice over a span of about two minutes before he lay perfectly still.
Debi Heiss said she thought the execution went too smoothly.
“He should have went through some kind of pain for what he did,” she said afterward. “There’s nothing painful about it. He went into a sleep. Very peacefully, and he was gone.”
In 2008, the U.S. Supreme Court upheld lethal injection in a case from Kentucky involving a three-drug method similar to the one used in Ohio and practically every other death penalty state. After a seven-month moratorium on the death penalty while the high court decided the case, executions resumed across the country.
In its ruling, the Supreme Court said states would have to change from the three-drug process if an alternative method lessened the possibility of pain.
Deborah Denno, a law professor at New York’s Fordham University and a lethal injection expert, said she is highly skeptical that Ohio’s single experience Tuesday will change the landscape around the country. She noted that the Supreme Court questioned the one-drug method, with Chief Justice John Roberts saying it “has problems of its own.”
All 36 death penalty states use lethal injection, and 35 rely on the three-drug method. Nebraska, which recently adopted injection over the electric chair, has proposed the three-drug method but hasn’t yet adopted it.
Kentucky, Florida, South Carolina, Texas and Virginia are among those that have said they will keep the three-drug method.
Sodium thiopental is a barbiturate often used to anesthetize surgical patients, induce medical comas or help desperately ill people commit suicide. It is also sometimes used to euthanize animals. It kills by suppressing breathing.
Ohio switched to sodium thiopental after a failed attempt to execute Romell Broom in September. Executioners tried for two hours to find a suitable vein, hitting bone and muscle in as many as 18 needle sticks. A hearing begins in federal court Wednesday on Broom’s attempt to block the state from trying again.
After the botched attempt, the state consulted with an array of experts, including pharmacologists, pharmacists, coroners and an anesthesiologist, with two goals: to end a 5-year-old lawsuit claiming that Ohio’s three-drug system is capable of causing severe pain, and to create a backup procedure if the first one didn’t work.
That backup plan — also untested on U.S. inmates — allows a two-drug injection into muscle if a usable vein cannot be found. That did not become necessary in Biros’ case.
Biros killed his 22-year-old victim in 1991 after offering to drive her home from a bar, then scattered her body parts in Ohio and Pennsylvania.
Before dying Tuesday, he apologized for his crime.
“I’m being paroled to my father in heaven,” Biros said. “I will now spend all of my holidays with my Lord and savior, Jesus Christ.”
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Comments
Posted by angelgirl (anonymous) on December 9, 2009 at 11:11 a.m. (Suggest removal)
First I want to say it must be hard for the family that lost their 22-year-old family member,I couldnt even imagine how they feel or what they have went through since then. And sorry they have to deal with this. I also dont believe that to execute a inmate is right either..either way its murder. I stand up for punishment 100%, "LIFE" in prison is enough punishment for anybody.
Posted by OzzyGrymes (anonymous) on December 9, 2009 at 12:22 p.m. (Suggest removal)
I do not think jails and prisons are deterrents anymore. People have to know they will pay the ultimate price if they take someones life.
An eye for an eye!!! I am glad Ohio allows its people to be protected this way. Prisons have revolving doors and are more like country clubs now days.
Posted by mykool79 (anonymous) on December 9, 2009 at 2:41 p.m. (Suggest removal)
I agree with an eye for an eye. Until you have a loved one murdered in a tragic way i just don't think some will understand.
Posted by billco (anonymous) on December 9, 2009 at 2:45 p.m. (Suggest removal)
no angel, what he did was murder, what the state of ohio did was justice, for the victim. which was much more humane, than he showed the victim.
Posted by angelgirl (anonymous) on December 9, 2009 at 2:48 p.m. (Suggest removal)
You guys do have a point..but he has loved ones to, I will not sit and argue over this..its a point of view.something everyone has.I look at it both ways.
Posted by falinrok (anonymous) on December 9, 2009 at 3:16 p.m. (Suggest removal)
I believe in eye for eye as well but only God has the right to take that stance not us.
Posted by Trish7211 (anonymous) on December 9, 2009 at 5:36 p.m. (Suggest removal)
One and done. Way to go Ohio Corrections, keep up the good work.
Posted by pantherpride (anonymous) on December 9, 2009 at 5:51 p.m. (Suggest removal)
The biggest problem I ever had with the electric chair is that no one ever invented an electric couch. If they did, you could get rid of 4 or 5 low-life dirtballs at a time.
For those worried about the "mercy" involved in lethal injection, I say bring back the firing squad or drawing and quartering someone. As a society, we're pretty darned nice to cold blooded killers who get 15 years of free attorneys and appeals (paid for, in part, by the families of the person who was murdered) to argue and re-argue their case after the first conviction.
I have zero sympathy for this man for what he did. He should have been executed 10 days after his first trial and his remains hacked up and scattered across several states like what happened to his victim. He will spend eternity playing cards with Satan while he rots in hell.
Posted by mickakers (John Michael Akers) on December 9, 2009 at 6:24 p.m. (Suggest removal)
angelgirl; I concur with your first post. Two wrongs do not make a right. Murder is Murder (legal, so called) or illegal. Capitol punishment is an antiquated and decadent system. It does not work in preventing crimes. It does serve as a tool for revenge but that is not what we are looking for, is it?
Posted by angelgirl (anonymous) on December 9, 2009 at 6:46 p.m. (Suggest removal)
mickakers,No it shouldn't be what we are looking for,I really believe that killing those inmates are letting them out the easy way.I mean if you only knew the storys of life behind bars.Thats enough to scare someone.I have heard alot of those stories.my uncle is in a prison as of right now,and I see it like this do the crime do the time..even though its my uncle! To be locked up for life in prison gives them time to think about what they done."KILL THEM" makes it easy for them..who would want to sit in there? for years.And 2 wrongs dont make a right..even though the old saying goes eye for an eye.
Posted by nottellin (anonymous) on December 9, 2009 at 9:23 p.m. (Suggest removal)
What I find disturbing is the joy the family took in his death.
No one should ever be happy about someone's death. They need counseling, harboring that much hatred will destroy them and their families.
Re. the death penalty... You kill someone you forfeit your right to be treated fairly or humanely. Where were you bleeding heart "life in prison is punishment enough" whiners when HE was raping, torturing and killing her? Come on... the fact that it took 18 years to kill him gave him far more life that she had. Oh, but to the anti death penalty set the victim doesn't really matter, I mean they're dead already... Right?
Posted by mickakers (John Michael Akers) on December 9, 2009 at 10:15 p.m. (Suggest removal)
nottellin; The victim doses matter. She and her family are the primary concern. The perpetrator of the crime also matters for he is also a victim. We all commit transgressions and are sorry for them and hope to receive forgiveness. I am in no way trying to belittle the seriousness of this crime. To really appreciate the pain felt by the family we would have to walk in their shoes (both families). The bottom line, two wrongs do not make right. Hard to accept? Yes.
Posted by angelgirl (anonymous) on December 10, 2009 at 6:32 a.m. (Suggest removal)
I wasnt going to comment on here again,but this was on my mind...We cant stop the states from executing a inmate,But it bothers me when the news crew lets the world what someone choice to eat the night before the execution begins.or how the victim's family felt..If I lost a family member to the death penalty,I wouldnt want it to be everywhere in the news..I wouldnt care what they done to get the death penalty.
Posted by nottellin (anonymous) on December 10, 2009 at 8:48 a.m. (Suggest removal)
mick... "Sorry" does not cut it when one RAPES, TORTURES, KILLS, and MUTILATES a person. That's not something a normal human can even contemplate, only a horrible, evil monster can do something like that. He deserved to die.
Angel, no one wants their family members in the news for any crime. BUT, we, the law abiding NON-murdering public have a right to know, we are paying for them after all. It's called taxes.
We have a right to know when murdering animals are put to death. It lets the non-murderers among us know that there really is justice in the world.
Posted by jonferguson (anonymous) on December 10, 2009 at 9:10 a.m. (Suggest removal)
It concerns me that people who consider themselves the right-wing, conservative, christian valued people would see the death penalty as the "right" thing for criminals.
Leviticus 19:19. It states ” . . Do not wear clothing woven from two different kinds of fabric.”
If we are going to stick with old testament commandments, like an eye for an eye, then you have to stick to them all....take off the cotton/poly blend shirt your wearing folks....or they are going to put you to death too.
Simple fact is, the practice is archaeic, sinful, and a disgrace to a christian. If you take joy in the death of another, you have my prayers, regardless of the circumstances of their death. Jesus said all life is precious.
In the NEW testament, Jesus tells a group of men that want to stone a woman for taking part in adultery, that whomever is without sin may cast the first stone.
Take a look inside yourself, and think about what Jesus told these men. All sin is payable by death, since Jesus already died for them on the cross.
IMHO
Posted by centerstage (anonymous) on December 10, 2009 at 9:24 a.m. (Suggest removal)
I'm a very strong believer and Follower of Christ, and I whole-hearted support the death penalty. The Lord, by His very nature is just. The death penalty is one tool our society has chosen to see that victims receive justice. While God does forgive (and then forgets) the sins of everyone who asks, repents and receives, His forgiveness does not negate the consequences of our (or their) actions. The forgiven criminals still must face the consequences of their acts and face the Lord's mercy and grace when they stand before Him at their final judgment.
Posted by angelgirl (anonymous) on December 10, 2009 at 9:36 a.m. (Suggest removal)
No sorry does not cut it! To execute a inmate it's MURDER! I am not a christian nor do I prepend to be,I pay my taxes.so there for I am a normal human.I have never killed anyone.And don't see that another should to kill to make things right!
Have you ever had some one facing the death penalty? It's not a good thing,that uncle I was talking about of mine was facing it.The sadest story I have ever read in a newspaper with his picture,He didnt kill anyone..just wrong place wrong time.And for his family and children on the outside it was the hardest thing we had to deal with.
Posted by michaelOH (anonymous) on December 10, 2009 at 9:58 a.m. (Suggest removal)
I hope their is a "HOT" topic in the Tribune
today to comment on. brrrrrrrrr
Posted by nottellin (anonymous) on December 10, 2009 at 6:45 p.m. (Suggest removal)
Angel, your uncle made bad choices. Of course, he tells his family he didn't kill anyone. But what was he arrested for? His PART in a crime during which someone innocent, NOT involved in criminal activity, was murdered.
How long have felt this way? I'm guessing just since it was YOUR family affected.
Not knowing the story about your uncle I can only guess that... He was committing a felony, maybe with partners, and someone INNOCENT, and NON criminal, was killed.
Posted by angelgirl (anonymous) on December 10, 2009 at 6:59 p.m. (Suggest removal)
I will tell you this yes he has made bad choices..prob more than a few,but as for me no I have always thought that about executing a inmate is murder.Has nothing to do with him.Like I said do the crime do the TIME! I will not stand up for him he was in the wrong. NO HE DIDNT KILL ANYONE. YES he was committing a felony.Robbery,with partners He passed numerous lie detector test. THAT'S ALL I WILL SPEAK ABOUT THIS.
This article isnt about him. I hope everyone has a great evening..Take care,AngelGirl
Posted by nottellin (anonymous) on December 10, 2009 at 8:25 p.m. (Suggest removal)
That's right... Do the crime, PAY the time... Kill someone, take part in a crime where someone is killed, be ready to be killed yourself.
Yes, he committed FELONY ROBBERY and someone was killed, by his partner(s). If HE had not been there he would not be responsible AT ALL. But he chose to pal around with people who chose to kill.
He KNEW when he chose to commit the felony that most states have a law that... If you commit a felony and someone dies during the course of the crime ALL perpetrators are prosecuted for the death.
He knew that going in.
Posted by angelgirl (anonymous) on December 10, 2009 at 8:42 p.m. (Suggest removal)
wasnt going to comment but nottellin,I wanted you to know that I know what he done was wrong,and I know that, But for him he has gotten his GED while in there and has trained service dogs for the blind.whether or not if he uses his achievements when he is released IDK.All I was saying is that those criminals have family to, and to kill them only hurts the family. thats all I was saying
Posted by nottellin (anonymous) on December 11, 2009 at 4:31 p.m. (Suggest removal)
No, killing them puts them in hell where they belong. THEY hurt their families, not the state.
THEY are 100% to blame. Your uncle is 100% to blame for the pain your family has suffered. He and his partners, not anyone else.
I'm sorry for your pain. But, if you are responsible for the murder of someone you should pay.
Besides, what about the family of his victim? THEY deserve to have closure. YOU have a living family member, they don't. What makes your family more deserving of a live uncle than the victim's family?
Posted by mickakers (John Michael Akers) on December 11, 2009 at 7:44 p.m. (Suggest removal)
Capitol Punishment is Legalized Murder, no if and or buts!.
Posted by angelgirl (anonymous) on December 11, 2009 at 9:31 p.m. (Suggest removal)
what u think is what u think..I have no pain for him!!!! the victim and their family yes!!!
how is murder a closure? it only causes more pain!
HE "DIDNT HURT ANYONE"! YEAH I DO HAVE A LIVING FAMILY MEMBER,AND WHEN HE GETS OUT I HOPE AND PRAY HE TURNED HIS LIFE AROUND!
ENOUGH POSTING ON HERE ABOUT HIM..IM DONE!!!! SO IF U POST AGAIN AND I DONT RESPOND DONT ME YOU GOT THE LAST WORD..CUZ IM DONE!!!
COULDNT HAVE SAID IT ANY BETTER MICKAKERS
Posted by nottellin (anonymous) on December 12, 2009 at 6:41 p.m. (Suggest removal)
He's either faced with death row or he's gonna get out. Make up your mind, angel. If he's not faced with death row, then you have no idea what the family members feel because you're not one.
Mick... I don't care WHAT you call it. Take a life lose yours.
Fair enough.
Posted by angelgirl (anonymous) on December 13, 2009 at 1:21 p.m. (Suggest removal)
HE WAS FACED WITH IT.until he passed the lie detector tests..like I said above "was" faced with it and yes he gets out..he got 12yrs..get over it already!
Posted by mickakers (John Michael Akers) on December 13, 2009 at 7:55 p.m. (Suggest removal)
angelgirl; My thoughts and prayers are with your Uncle, you and your family. All of you have paid a heavy price. May this Advent and Christmas Season bring you all Blessings.
Posted by nottellin (anonymous) on December 13, 2009 at 7:59 p.m. (Suggest removal)
I feel for the family, but the criminal can stay in jail and rot for all I care. At least one innocent person is dead because of him and his cohorts. And not one word of sympathy for the VICTIMS has come from the mouth of the family member of the criminal.
At least angel HAS an uncle. That's more than can be said for his victims.
Posted by angelgirl (anonymous) on December 13, 2009 at 9:22 p.m. (Suggest removal)
nottellin,yes I have a uncle, but he's in prison, .He is doing his time.When I first heard about the story I cried many of times,over that family.I have accepted it and learned to move on.I try not to think about it, nor do I write him.What was done was wrong and I dont approve of it.
HERE is from a earlier post of mine you must have missed it.
Posted by angelgirl (anonymous) on December 11, 2009 at 9:31 p.m. (Suggest removal)
what u think is what u think..I have no pain for him!!!! the victim and their family yes!!!
Posted by angelgirl (anonymous) on December 13, 2009 at 9:40 p.m. (Suggest removal)
What I have been saying all along is why kill them? it only causes more pain. I used my uncle a example didnt know it was going to go on and on like it has.He may be in the wrong for just being there but he has children.I'm am NOT taking up for him..And like I also said if you kill them it makes it easier for them.
This is my final post on here!
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