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A prisoner on death row in the US has filed a lawsuit claiming he is too fat to be executed and could not die humanely.
Richard Cooey, who is 5ft 7 and weighs about 19 stone, claims that his obesity means it would be difficult to find veins for the lethal injection to be administered, and that medication he has taken for migraines may diminish the effectiveness of drugs the Ohio prison uses in its execution process.
In his second last-minute attempt to avoid execution, Cooey’s lawyers have filed a federal lawsuit in which they claim that he had poor veins when he faced execution five years ago and that the problem has been worsened by weight gain.
They said prison officials at the Southern Ohio Correctional Centre in Lucasville have had difficulty drawing blood from him during medical procedures, citing a document filed by a prison nurse in 2003 that said Cooey had sparse veins and that executioners would need extra time.
“When you start the IVs, (intravenous drips) come 15 minutes early,” wrote the nurse who examined Cooey. “I don't have any veins.”
Cooey, 41, was sentenced to die for raping and murdering two University of Akron students in 1986. He had already been taken to the death chamber at the Ohio prison in 2003, but was granted a last-minute stay of execution by a federal judge.
In April, he lost a challenge to Ohio's lethal injection process when the US Supreme Court said he had missed a deadline to file a lawsuit.
If Cooey’s execution goes ahead as scheduled on October 14, he would be the first inmate put to death in Ohio since Christopher Newton was executed last year for killing a prison cellmate over their chess games.
It would also be the first execution in Ohio since the end of an unofficial national moratorium on executions that began last year while the US Supreme Court reviewed Kentucky's lethal injection procedure.
Dr. Mark Heath, a doctor hired by the Ohio Public Defender's Office, said in documents filed with the court that Cooey's weight, combined with the potential drug resistance, increases the risk he would not be properly anaesthetised during his execution.
Cooey’s public defender, Kelly Culshaw Schneider, said that if the first drug doesn’t work, “the execution is going to be excruciating”.
Prison officials and the Ohio Attorney General's Office said they hadn't seen the lawsuit and couldn't comment.
Two years ago, convicted killer Jeffrey Lundgren was put to death after a federal appeals court rejected his claim that he was at greater risk of experiencing pain and suffering because he was overweight and diabetic.
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"Most people don't have a clue about the death penalty. I have just finished reading Delfino and Day's book, Death Penalty USA 2005 - 2006, and I was amazed to learn, for example, that you don't even have to be the murderer to be executed. Check it out." Tina Virshup, Cupertino
Thanks for the tip!
Browne, Philadelphia, USA
This is ludicrous, all this time and money spent on a waste of space like this when it could be spent on something more constructive, does it really matter if this man suffers or not, he has been given the death penalty so he should die regardless, why should death be a pleasant experience for him?
Gayle Ann Chattenton, herne bay, uk
Most people don't have a clue about the death penalty. I have just finished reading Delfino and Day's book, Death Penalty USA 2005 - 2006, and I was amazed to learn, for example, that you don't even have to be the murderer to be executed. Check it out.
Tina Virshup, Cupertino, USA
He will die in jail. Some people accept the inevitability of death. Others, such as this prisoner, fight for their lives. I'm sure the prisoner's victims fought for their lives too. He showed no mercy to them.
For the record, I am opposed to the death penalty.
Darren, Orlando, USA
he should havn't been aloud to live as long as he has, his execution should have been carried out weeks after his sentence, his victoms had no say when they'd die, why should he, he lost that right as he laid a finger on those poor girls, when will we stop letting the criminals run this country.
jarid, abingdon, USA
I have no time for these bleatings. How humanely did his victims die? He should count himself lucky he is facing the lethal injection and not some of the more brutal deaths of the middle ages which frankly people like this deserve.
anthony, Brum,
Ridiculous... he must die anyway. Why not suffering when his victims had to suffer?
Heidi, Austria
Heidi, Klagenfurt, Austria
We have the fattest prisoners in the world. We have the fattest poor people in the world. We have the fattest homeless people in the world. I guess we need universal health coverage for all these poor down and out humans. imagine what the victims family feels about all this. Too fat to die..
William, Atlanta, USA
Too fat for a lethal injection? Gas him then!
Nina, Swansea,