Today, Ohio faces a similar dilemma. Romell Broom survived the Buckeye state’s attempts to execute him by lethal injection, due to the failure of his executioners to find a useful vein in which to inject the poison. Does this mean Mr. Broom will no longer face the needle, or will Ohio subject him to a second execution? It appears that the latter is the case (Ohio Governor Ted Strickland merely granted Mr. Broom a week-long reprieve), although there may be arguments in court that being executed twice would constitute cruel and unusual punishment.
Ohio has had these problems before: the execution of Christopher Newton (who “volunteered” to be executed by giving up his appeals) took 90 minutes, and the lethal injection of Joseph Clark took 40. In both cases, the delay was the result of the inability of the execution team to find suitable veins.
Given that this horrible problem keeps re-occurring, it would be wise for Ohio Governor Ted Strickland to at least declare a moratorium and halt executions in his state.