Kasich delays executions amid court fight

A court battle over lethal injection forced Gov. John Kasich on Monday to reschedule nine executions, beginning with convicted child killer Ronald Phillips.

Phillips, who was convicted of the murder of his thengirlfriend’s 3-year old daughter, Sheila Marie Evans, in 1993, was slated to be put to death May 10, but that date can’t be met because of a pending court hearing in Cincinnati. His new date is July 26.

The 6th U.S. Circuit Court of Appeals is to hold a hearing June 14 on a lethal-injection challenge filed by attorneys for Phillips and other men on death row. A federal judge blocked the execution, and that decision was upheld by a 2-1 vote of a 6th Circuit panel. Attorney General Mike DeWine appealed, seeking a hearing by the full federal appeals court.

The delays follow a Jan. 26 decision by U.S. District Court Magistrate Judge Michael R. Merz barring the state’s use of a three-drug protocol. Merz declared it unconstitutional and blocked the pending executions, specifically citing problems with executions in Ohio and other states involving midazolam, a sedative that is one of three drugs in Ohio’s protocol along with rocuronium bromide and potassium chloride.

Ohio hasn’t had an execution since Jan. 16, 2014, when Dennis McGuire choked, gasped and struggled against his restraints for much of the 26 minutes it took him to die. Midazolam was one of the drugs used to execute McGuire.

Kasich’s move Monday was the second time this year he has used his executive clemency authority to reschedule the execution schedule for nine inmates. The changes ordered Monday:

Gary Otte (Cuyahoga County) moved to Sept. 13, 2017, from June, 13, 2017.

Raymond Tibbetts (Hamilton) moved to Oct. 18, 2017, from July 26, 2017.

Alva Campbell Jr. (Franklin) moved to Nov. 15, 2017, from Sept. 13, 2017.

William Montgomery (Lucas) moved to Jan. 3, 2018, from Oct. 18, 2017.

Robert Van Hook (Hamilton) moved to Feb. 13, 2018, from Nov. 15, 2017.

John Stumpf (Guernsey) moved to Nov. 14, 2018, from Jan. 3, 2018.

Warren Henness (Franklin) moved to March 14, 2018, from Feb. 13, 2018.

Douglas Coley (Lucas) moved to Sept. 18, 2019, from March 14, 2018.