U.S Southern Ohio District Court Judge Gregory Frost yesterday granted death row inmate Mark Brown's motion to join a lawsuit filed last month that challenges the State of Ohio's new lethal injection procedure, which includes a never-before-tried backup method that injects drugs directly into muscles. The suit was initially filed by Lawrence Reynolds, another death row inmate, earlier this month and won't be heard until March 15. ( Order )
Brown's motion, which hasn't been answered yet, also asks that his execution, currently scheduled for next Thursday, be stayed.
Brown is also seeking a stay from the Ohio Supreme Court to argue that newly uncovered evidence would exonerate him. Supreme Court Chief Justice Thomas Moyer there, on Jan. 19th., did not grant an outright stay, but did issue an order suspending the application of any rules of practice "to facilitate the Court's timely consideration of any matters relating to the execution of (Brown’s) sentence." Moyer also ordered that "counsel of record for the parties shall provide the Court with a copy of any document relating to this matter that is filed in, or issued by, any other court in this State or any federal court, as well as any commutation, pardon, or warrant of reprieve issued by the Governor. A copy of the document shall be delivered to the Office of the Clerk as soon as possible, either personally, by facsimile transmission, or by email."
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