State opposes condemned man’s request to delay execution

January 24, 2019
This undated photo provided by the Ohio Department of Rehabilitation and Correction shows Warren Keith Henness. The Ohio man sentenced to death in the fatal shooting of a volunteer addiction counselor is proclaiming his innocence and asking that his life be spared, according to arguments by his attorneys a month before his scheduled execution. The Ohio Parole Board scheduled arguments for and against mercy Thursday, Jan. 10, 2019. Henness is set to die by lethal injection on Feb. 13 at the Southern Ohio Correctional Facility in Lucasville. (Ohio Department of Rehabilitation via AP)

COLUMBUS, Ohio (AP) — A prosecutor is asking the Ohio Supreme Court to reject a condemned man’s request to delay his execution set for next month.

Franklin County Prosecutor Ron O’Brien says death row inmate Warren Keith Henness’ motion is an abuse of the court system.

The 55-year-old Henness is scheduled to die by lethal injection Feb. 13. His attorneys want a delay based on a federal judge’s finding that Ohio’s three-drug injection process “will certainly or very likely cause him severe pain and needless suffering.”

Henness’ attorneys have separately asked Gov. Mike DeWine to issue a reprieve.

In a Thursday court filing, O’Brien called Henness’ request an attempt to avoid justice through “piecemeal litigation.”

Henness says he’s innocent in the fatal 1992 shooting of a volunteer addiction counselor.