Ohio Gov. John Kasich and Attorney General Mike DeWine will petition the U.S. Supreme Court to allow the execution of convicted murderer Charles Lorraine.
Lorraine, 45, was scheduled to be put to death on Wednesday for killing an elderly couple in their home in 1986, reported the Columbus Dispatch
. However, U.S. District Judge Gregory Frost blocked the execution indefinitely, saying the state didn’t follow its own death penalty protocol.
DeWine and Kasich said on Sunday they’d appeal the stay to the top court, after the 6th U.S. Circuit Court of Appeals in Cincinnati backed Frost’s decision.
Monday, the Ohio officials said it would take at least a few more weeks to prepare the case for the Supreme Court.
“We do not believe the stay of execution the federal courts have imposed here is warranted under the Constitution,” DeWine said. “We want to give the U.S. Supreme Court an opportunity to review the case to ensure there is a constitutional approach to capital punishment. Ohio’s execution process must comply with constitutional standards, and that should be the test as far as the federal courts are concerned.”
Kasich said he and DeWine think Ohio’s capital punishment laws are constitutional.
“This is a responsibility that Ohio officials take very seriously and we respect Judge Frost’s authority and commitment to a constitutional process,” Kasich said. “We will continue to work with him to ensure that Ohio’s process meets its constitutional requirements.”
Kasich last week refused clemency for Lorraine, agreeing with the 8-0 recommendation of the Ohio Parole Board.
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