A convicted killer who survived an attempt to execute him for his crimes seven years ago has been told he will be sent to the death chamber again.
The Ohio Supreme Court ruled 4 – 3 in favour of the state having a second chance to kill Romell Broom.
In 2009 the 59-year-old’s execution had to be called off after two hours when officials failed 18 times to attach intravenous needles to administer the lethal dose used in the process.
He is set to become the first person on which a second execution has been attempted in America since the US Supreme Court reinstated capital punishment in 1976.
Broom’s lawyers had argued it would violate America’s 8th Amendment’s cruel and unusual punishment statute and the 5th Amendment’s right against double jeopardy.
Prosecutors responded saying the killer’s argument carried no weight as the lethal drugs did not enter his veins while executioners unsuccessfully tried to hook up an IV.
Broom was convicted in 1984 of abducting, raping and killing Tryna Middleton, 14, who he snatched of the street as she walked home from an American football game in East Cleveland, Ohio.
He also had convictions for robbery, aggravated robbery and four counts of kidnap of a boy as well as another conviction of raping a girl.
No date has been set for his execution.