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April 20, 2007

Will Ohio have an execution next week?

As detailed in this news story and this official statement, Ohio's new Governor Ted Strickland is prepared to let the state's first execution under his watch to go forward:

Gov. Ted Strickland will not grant clemency to James Filiaggi, a former Elyria man set to die by lethal injection Tuesday for shooting and killing his ex-wife in 1994.  Strickland said yesterday he agrees with the state parole board's recommendation to deny clemency to Filiaggi. Filiaggi is on death row for chasing his ex-wife, Lisa Huff Filiaggi, from her West 29th Street house in Lorain to a neighbor's home and shooting her at point blank in January 1994.  Filiaggi has not requested clemency.

This is not a surprising development, and the in-state buzz has been that Filiaggi was not planning to make any last minute legal challenges.  However, ODPI is reporting here a important new development:

An attorney for James Filiaggi is filing a motion in US District Court today seeking inclusion of James Filiaggi in the Cooey v. Taft case challenging Ohio's lethal injection protocol.  An accompanying motion seeking a stay of execution is also to be filed.  These motions are not being filed against Filiaggi's wishes.

A prior scheduled Ohio execution of Kenneth Biros was postponed last month as a result of Ohio's lethal injection litigation (which is now pending possible en banc review in the Sixth Circuit).  Because Filiaggi is seeking to join on to this litigation very late in the process, it will be interesting to see if this new development with impede Ohio's efforts to be the only state other than Texas to execute a defendant in the last three months.

April 20, 2007 at 09:26 AM | Permalink

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Comments

There is no way, absolutely no way, that federal courts should step in here. This motion is filed waaaaaaaaay too late in the game. Way to late. In fact, I believe that the attorney filing here ought to be sanctioned by such tactics.

Posted by: federalist | Apr 20, 2007 9:57:10 AM

Was there not enough bloodlust this week?

Posted by: anon | Apr 20, 2007 12:01:53 PM

Cheap shot, and one out of complete moral obtuseness. There is a huge difference between carrying out the judgment of society that a killer should die for his crime and the wanton killings at Va. Tech.

Posted by: federalist | Apr 20, 2007 12:48:18 PM

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