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Condemnded Inmate Requests Delay in Execution Scheduled for Tuesday

51-year-old Kenneth Biros is asking a federal appeals court to delay his execution which is scheduled for 10 o'clock Tuesday morning.

Biros was condemned to die for the murder of woman in 1991. His Attorneys contend the state has failed to fix problems that led to an unsuccessful execution in September.

A federal judge Monday denied an emergency request to delay the execution. U.S. District Judge Gregory Frost said Ohio's execution system still has flaws that "raise profound concerns and present unnecessary risks." However, Frost says it appears unlikely that Biros will be able to prove those risks violate the U.S. Constitution.

If Biros is executed Tuesday, he will be the first person put to death in the U.S. with a single drug injunction.