Courts Deny Killer's Request to Delay Execution

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.

Filiaggi is at the Ohio death house in Lucasville.