Judge Rejects Ohio Killer's Obesity Claim

COLUMBUS, Ohio (AP) - Options are dwindling for a condemned killer in Ohio who argues he's too fat to be executed humanely under the state's lethal injection process.

Richard Cooey's scheduled execution later this month would be the first in Ohio in more than a year.

His final legal challenge is pending in Franklin County Common Pleas Court where he is seeking to have lethal injection declared unconstitutional. Cooey also is awaiting a decision on clemency from Gov. Ted Strickland.

A federal judge on Tuesday rejected Cooey's contention that he can't be executed humanely because he has poor veins, a problem exacerbated by his obesity.

U.S. District Court Judge Gregory Frost said Cooey missed a deadline for filing a claim over his poor vein access.

Cooey had also argued a drug he takes for migraine headaches would interfere with the injection chemicals.