A Cuyahoga County appeals court heard arguments Monday that Otte should be allowed to challenge his execution as unconstitutional because of his age at the time of the crime.
Ohio is preparing to put a condemned killer of two people to death this week as the inmate awaits word on last-minute appeals. The state plans to execute the 45-year-old Otte on Wednesday with a lethal combination of three drugs. A federal court is considering Otte’s argument that the first drug in the process creates an unconstitutional risk of severe harm.
The Ohio Supreme Court has rejected the request of a condemned killer to delay next week’s execution while he pursues an appeal. Death row inmate Gary Otte wants the death penalty declared unconstitutional in his case because he was under 21 at the time of the crime. The court denied Otte’s request for a delay Thursday.