A federal judge, without objection from the state, on Thursday delayed the execution of a man who claims innocence in the 1990 arson death of his 3-year-old son.
The one-page ruling by U.S. District Judge Gregory Frost did not address the innocence claim but instead dealt with challenges to the state's lethal injection procedures and a debate over whether minor variations to the policies should be enough to halt executions.
Michael Webb, who was scheduled to die Feb. 22, has argued that a leading arson expert can prove the 1990 fire in southwest Ohio could have been set anywhere in the house, and not just near a closet or bathroom.
Webb, 65, said that the facts backs up his argument that someone else did it. He has asked the Ohio Parole Board for mercy, and the board will make its recommendation next week to Gov. John Kasich, who has the final say.
Attorneys for Webb said that his situation is the same as another inmate whose execution is on hold over challenges to Ohio's lethal injection process.
The execution of Charles Lorraine of Warren, said that the state had failed to keep its promise of strictly following its execution policies.
Frost was critical of deviations in an execution in November in which the inmate's medical chart wasn't properly checked and the documentation of the lethal drugs wasn't done according to the policies.
Ohio has filed an emergency motion with the U.S. Supreme Court to overturn Frost's ruling but the timing of any ruling is unclear.
Attorney General Mike DeWine said that minor changes to the execution policy aren't the same thing as an unconstitutional system.
Watch ONN and refresh ONNtv.com for the latest information.
