Execution Delayed In Ohio Until May 2020

COLUMBUS, OH — The execution of Warren Henness has been delayed for a second time by Ohio Governor Mike DeWine. The execution is now scheduled for May 2020.

Henness was originally scheduled to be executed in February 2019 before a ruling by U.S. Magistrate Judge Michael R. Merz declared Ohio's use of midazolam in executions constituted use of "cruel and unusual punishment." Ohio appealed the judge's decision and is exploring the use of other chemicals in executions.

Ohio currently uses a three-drug lethal injection protocol. However, many drug manufacturers are banning the use of their products in executions. Those same manufacturers have threatened to cut off all sales of their products to Ohio government agencies. That is, in part, because some of the drugs used in Ohio executions have also been found to possibly create pain in prisoners.

Merz's decision said, in part:

"…we have good evidence that midazolam will cause the 'waterboarding' effects of pulmonary edema. If Ohio executes Warren Henness under its present protocol, it will almost certainly subject him to severe pain and needless suffering. Reading the plain language of the Eighth Amendment, that should be enough to constitute cruel and unusual punishment."

DeWine has postponed the execution of three other men: Cleveland Jackson, Kareem Jackson, and Gregory Lott. Cleveland Jackson is scheduled to be executed in November 2019. Henness is now scheduled to be executed after the two Jacksons and Lott.

As for Henness, despite his consistent proclamations of innocence, a parole board recommended Henness receive no mercy in early 2019. Hennsess was convicted of killing a man he lured to his home in 1992. He was found guilty of kidnapping the man, shooting him in the head five times, cutting his throat and then stealing the dead man's money, the Columbus Dispatch reported.