In less than two weeks, convicted killer Kenneth Biros will likely be the first to die under Ohio's new single-dose lethal injection policy.
Despite pleas from Biros' attorneys that the method is too new and untested, a three-judge panel from the 6th U.S. Circuit Court of Appeals in Cincinnati ruled Wednesday morning that the new procedure is not unconstitutional.
The decision did not disappoint Trumbull County Prosecutor Dennis Watkins.
"Kenneth Biros is a murderous monster, who committed one of the most heinous crimes in the history of Ohio," Watkins said.
The ruling means all executions in the state are back on.
Family members of Tami Engstrom, the woman Biros is convicted of killing and dismembering in February 1991, were ecstatic with the news.
"Oh, I just about jumped out of my chair," said Debi Heiss, Tami's sister. "I've been walking on clouds all day."
Tom Heiss, Tami's brother, agreed.
"I was very happy to hear the news," he said. "The only thought that went through my head was, 'Please, don't let there be a back door that he's going to escape through this time. Let my family get the closure it deserves'."
Biros' attorneys do have a chance to appeal Wednesday's decision. But Watkins believes the language in the federal ruling means Biros will pay the ultimate price for his actions nearly 20 years ago.
"It is a crime that people really don't understand how cruel it really is, because some of these things you don't really don't want to talk about," Watkins said.
For Engstrom's family, the timing of the court's decision couldn't be better.
"We've had 18 years of terrible holidays," said Debi Heiss. "This is just the most glorious news we have ever received."
Kenneth Biros is set to be executed on Tuesday, Dec. 8.
