Ohio high court denies condemned killer appeal

(Photo: Ohio Department of Rehabilitation and Corrections)

LUCASVILLE, Ohio (AP) — The Ohio Supreme Court says it won’t hear an appeal from a condemned killer who argues he shouldn’t be put to death because of his age at the time of the crime.

The court declined to halt a scheduled 10 a.m. Wednesday execution in a decision released about two hours before.

Lawyers for death row inmate Gary Otte (OH’-tee) wanted the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

Otte was 20 when he killed Robert Wasikowski and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

The state decision ended his legal options, because the U.S. Supreme Court already denied his attempt to delay execution.

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