The Ohio Supreme Court said last week that it would hear arguments regarding Broom’s appeals. His attorneys argued that another execution attempt would effectively punish him twice for the same offense, constituting cruel and unusual punishment as well as violating the prohibition against double jeopardy. The state said in response that since the problem in 2009 involved inserting the IV, another execution would not be a double jeopardy violation because “a first execution attempt was never made.”
All executions in Ohio are on hold until August, a delay ordered by a federal judge so that a new execution protocol can be established in the state. That followed the prolonged execution of Dennis McGuire in Ohio earlier this year. McGuire, who admitted to raping and murdering a pregnant newlywed named Joy Stewart in 1989, gasped, choked and struggled during his execution, which lasted for nearly 25 minutes.
After Lockett’s physical reaction, officials looked and saw that his vein had collapsed, causing the drugs to seemingly leak or get absorbed into his tissue. Lockett’s execution was called off, but he died of a heart attack a short time later.