Ohio tried and failed once to execute Romell Broom, and the Supreme Court won't stand in the way of the state as it tries again. NBC News reports the justices on Monday declined to hear Broom's challenge, which came after the state's Supreme Court in March rejected Broom's argument that a second attempt would amount to cruel and unusual punishment and a violation of double jeopardy. Prison officials stopped the 2009 execution attempt after about two hours and a reported 18 attempts at locating a suitable vein for the lethal drugs. The Ohio Supreme Court sided with prosecutors who say double jeopardy doesn't apply to Broom because lethal drugs never entered Broom's veins.
The AP reports Broom, 60, is only the second inmate to survive an execution in US history and the only via lethal injection. In 1947, Louisiana electrocuted 18-year-old Willie Francis by electric chair a year after an improperly prepared electric chair failed to work. Despite the ruling, a second execution is years away because of other scheduled executions and uncertainty over the state's supply of lethal injection drugs. Broom was sentenced to die for raping and killing 14-year-old Tryna Middleton after abducting her in Cleveland in 1984 as she walked home from a football game with two friends. A prison guard testified that Broom intentionally dehydrated himself by consuming a box full of antihistamines the day before he was initially scheduled to die. (Read more death penalty stories.)