Convicted killer Daniel Wilson has asked the Ohio Supreme Court to delay his execution, set for June 3, while he continues to fight his legal battles.
The state`s highest court has already rejected one such request from Wilson, who was sentenced to death for the 1991 murder of Carol Lutz. Wilson, who doesn`t deny killing Lutz, locked her in the trunk of her car, punctured the gas tank and set the car on fire.
In Wilson`s request for a stay of execution, filed Tuesday, his attorneys wrote that Wilson has two separate issues pending in state and federal courts, including one before the Ohio Supreme Court.
Wilson, 39, is challenging the state`s lethal injection protocols and how the state`s execution team is trained in federal court.
The state implemented a new protocol earlier this month that, among other changes, requires the warden of the Southern Ohio Correctional Facility to call out a condemned inmate`s name, shake his shoulder and pinch him after the inmate is given a powerful sedative to knock him unconscious.
The Ohio Department of Rehabilitation and Correction will now keep a second dose of the sedative available to administer before the second and third drugs are injected if the inmate is still conscious after the first dose of the sedative. The second and third drugs paralyze the inmate and stop his heart.
The new protocols also imposed a requirement that execution team members who handle the drugs have professional experience administering intravenous drugs. Previously, those executioners only needed to be trained in dealing with the drugs.
Wilson`s attorneys, Alan Rossman and David Doughten, argue that the changes were made to neutralize Wilson`s challenge to how execution team members are trained.
Wilson is also arguing before the Ohio Supreme Court that his death sentence wasn`t properly imposed because of how jurors were instructed before they began their deliberations on whether Wilson should be executed for killing Lutz.
Wilson`s lawyers contend that because a federal appeals court said it was an error, it should be enough to win a new sentencing hearing for their client.
Prosecutors have countered that the U.S. 6th Circuit Court of Appeals offered a hypothetical review of Wilson`s argument and concluded that even if he was correct about a mistake being made it wouldn`t have made a difference in the jury`s decision.
Wilson, who wants to have his death sentence changed to life in prison, is also awaiting a decision from Gov. Ted Strickland on commutation.
Contact Brad Dicken at 329-7147 or firstname.lastname@example.org.