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Attorneys file claim as execution nears
Published on Thursday, Oct 09, 2008
Beacon Journal staff report
Condemned killer Richard Wade Cooey says prison food is partly responsible for making him too fat to be executed humanely.
Cooey is scheduled to die by lethal injection Tuesday for killing two University of Akron students in 1986.
His attorneys said in a brief filed Tuesday in the 6th U.S. Circuit Court of Appeals in Cincinnati that the state is partly responsible for Cooey's physical problems that might make his death painful.
The appeal says his obesity could make it difficult for the execution team to find a viable vein for lethal injection.
Lawyers also repeated a claim that headache medication prescribed by the state could reduce the effectiveness of an anesthetic administered during execution.
State attorneys argue that Cooey's claims are invalid because he missed a deadline.
They told the high court Wednesday that Cooey's lawyers are deploying delay tactics that have no legal basis.
Cooey, 41, is being housed on death row in the Ohio State Penitentiary in Youngstown.
Cooey was a 19-year-old Army private home on leave and partying with friends when he and a friend kidnapped, robbed, raped and bludgeoned Dawn McCreery 20, and Wendy Offredo, 21, in September 1986.
Cooey has blamed co-defendant Clint Dickens for bludgeoning the women.
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