Inmate Fails To Convince Courts He's "Too Fat To Execute"

Cincinnati, OH (AHN) - The Ohio Supreme Court and the 6th U.S. Circuit Court of Appeals have ruled against staying the execution of an inmate because he is obese.

The two courts upheld an earlier ruling of the U.S. District Court in Columbus that Richard Cooey, 41, was late in making the appeal to stay his execution.

The double murder convict argued that lethal injection might not be properly administered to him and might be painful and slow because his physical condition will make it difficult to find a vein where the lethal drug will be injected. His lawyers will appeal the decisions before the U.S. Supreme Court.

Cooey's execution date is on Tuesday. He was sentenced to death for killing two University of Akron students in 1986. An accomplice in the killing was sentenced to life in prison for cooperating with police.

His execution will be the first in Ohio since last year's moratorium on lethal injection was lifted by the U.S. Supreme Court in April.