COLUMBUS, Ohio (AP) - A federal appeals court on Monday ruled to block the state from executing a man who killed a woman, cut her up and scattered her remains across two states.
Kenneth Biros, 48, was taken Monday to Ohio's death house, the day before his scheduled execution. The state has appealed to the U.S. Supreme Court seeking to allow the execution at the Southern Ohio Correctional Facility in Lucasville.
A 6th U.S. Circuit Court of Appeals panel in Cincinnati refused the state's request to lift a lower court's order against the execution. The appeals court ruled that the injunction against Biros' execution should remain in place while appeals continue on a lawsuit claiming that Ohio's method of lethal injection is cruel and unusual punishment.
Other executions have been delayed in the past year because of that case. However, former cult leader Jeffrey Lundgren was executed Oct. 24 despite his appeal.
The execution would be the first under Gov. Ted Strickland, who denied clemency on Friday.
Biros acknowledged he killed Tami Engstrom, 22, but said it was done during a drunken rage.
They met after work in 1991 at a tavern in Masury in northeast Ohio. Police believed she fled his advances, perhaps ran from his car and fell or was struck or was strangled when Biros tried to quiet her.
A search based on Biros' information led to body parts that had been buried, and some dug up and reburied, near Masury and in adjacent areas of Venango and Butler counties in northwest Pennsylvania.