A federal judge has allowed an inmate scheduled to die Feb. 4 for killing a convenience store owner to challenge Ohio’s lethal injection system.
The decision Thursday by U.S. District Court Judge Gregory Frost does not delay next week’s execution of 37-year-old Mark Brown.
Brown has joined a lawsuit filed last month that challenges the state’s new injection procedure, which includes a never-before-tried backup method that injects drugs directly into muscles.
Brown has asked Frost to delay his execution while he makes his injection challenge, but the judge hasn’t ruled on that request.
Brown is also seeking a delay in state courts to argue that newly uncovered evidence should spare him.
Brown was sentenced to die for the 1994 fatal shooting of Isam Salman, owner of Midway Market in Youngstown.
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