COLUMBUS, Ohio (AP) - The Ohio Supreme Court and a federal judge today denied a killer's request for an emergency delay of his execution.
Forty-one-year-old James Filiaggi is scheduled to die tomorrow for gunning down his ex-wife 13 years ago in Lorain.
Filiaggi is a death row volunteer who had given up his appeals. But he reconsidered on Friday and asked for an emergency delay so he can join a lawsuit contending that the lethal injection method constitutes cruel and unusual punishment.
U-S District Court Judge Gregory Frost in Columbus ruled that Filiaggi failed to follow state law by first filing a grievance with the chief inspector who oversees the state prisons system.
State officials say they plan to proceed with the execution unless an appeals court intervenes.