Trying again to execute the country's only survivor of a botched lethal injection amounts to cruel and unusual punishment and double jeopardy, according to lawyers fighting a second execution try. Prosecutors argue double jeopardy doesn't apply because lethal drugs never entered the veins of Romell Broom during the nearly two hours that executioners spent unsuccessfully trying to hook up an IV. They also say a previously unsuccessful attempt doesn't affect the constitutionality of his death sentence. The Ohio Supreme Court heard arguments from both sides Tuesday. Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed. Broom has been back on death row since. No new execution date has been set.
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