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Judge to hear Ohio killer’s request to delay execution

Gary Otte’s attorneys argue the state hasn’t shown it can ensure inmates are rendered deeply unconscious

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This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows death row inmate Gary Otte.

Ohio Department of Rehabilitation and Corrections via AP, File

Associated Press

DAYTON, Ohio — A judge plans to hear arguments from lawyers trying to delay the September execution of a condemned Ohio killer.

Attorneys for death row inmate Gary Otte argue the state hasn’t shown it can ensure inmates are rendered deeply unconscious during lethal injection.

The attorneys say that puts the 45-year-old Otte at risk of suffering serious pain from two of the three drugs that Ohio uses.

Magistrate Judge Michael Merz has scheduled a Sept. 6 hearing in federal court in Dayton for arguments by Otte’s lawyers for delaying his Sept. 13 execution.

The state is expected to oppose any delay.

Otte was sentenced to die for the Feb. 12, 1992, killing of Robert Wasikowski and the Feb. 13, 1992, killing of Sharon Kostura.

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