Ohio High Court: Execution To Proceed

COLUMBUS, Ohio (AP) - The Ohio Supreme Court gave the go-ahead for the execution of a man who would be the first to be put to death in the state since the end of a de facto moratorium on lethal injection.

Justices on Thursday rejected arguments that Richard Cooey is too fat to die by the procedure.

The 41-year-old is scheduled to be put to death Tuesday for killing two University of Akron students in 1986. He would be the first execution in Ohio since last year.

Cooey's attorneys had argued in court briefs that prison food and limited opportunities to exercise have contributed to a weight problem that would make it difficult for the execution team to find a viable vein for lethal injection.

Cooey is 5 feet, 7 inches tall and weighs 267 pounds.

An appeal is still pending with the 6th U.S. Circuit Court of Appeals.