OH killer asks judge to stop 2nd execution try

COLUMBUS, Ohio (AP) - A day after Ohio became the first state in the country to use a single drug in a lethal injection, the condemned killer whose botched September execution prompted the change from a three-drug method is returning to court to argue against another attempt to put him to death.

A federal judge said he'd start hearing arguments Wednesday on the case of inmate Romell  Broom, who was sentenced to die for raping and killing a teenage girl. The state bungled Broom's Sept. 15 execution when it couldn't find a usable vein for injection and wants to try again.

His attorneys say that would constitute cruel and unusual punishment.

On Tuesday morning at the Southern Ohio Correctional Facility, killer Kenneth Biros became the first inmate in the country to be executed with one drug.

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