Richard Cooey said he was too fat to be executed. So, he tried to appeal his death sentence to the Ohio Appeals Court. When that failed, 267lb Cooey took it to the US Supreme Court. They dismissed his request, thus siding with Ohio.
SOURCE-- Cooey lost a final appeal earlier Tuesday when the U.S. Supreme Court turned down without comment his complaint that the state's protocol for lethal injection could cause an agonizing and painful death. He wanted the state to use a single drug rather than a three-drug combination, and asked for a stay of execution pending a hearing on that motion.
The court on Monday denied a separate appeal based on Cooey's claim that his obesity was a bar to humane lethal injection. The argument also had been rejected by a federal appeals court in Cincinnati and the Ohio Supreme Court, with both courts ruling that he missed a deadline for filing appeals.
Cooey is 75 pounds heavier than when he went to death row — the result of prison food and 23-hour-a-day confinement, his lawyers said.
Let's be honest here, he KNEW this whole appeal thing was a long shot. Likely had a good idea that he'd be executed today- so what does the man do? Well, he didn't worry about his weight enough to go on a diet during his last weeks, and even at death- he wasn't interested in counting calories.
About 4 p.m., the 270-pound Cooey was served his last meal: a T-bone steak with A-1 sauce, onion rings, french fries, four eggs over easy, toast with butter, hash browns, rocky road ice cream and bear claw pastry. He drank Mountain Dew.
Honestly, I might have taken a second to reconsider the possiblity that he was being straight with his plea that he was too fat to die in a humane manner, if he had at least attempted to make himself less fat. But, clearly- he's learned little since his last 'last meal' when he also decided to pile in everything he could:
In 2003, Cooey was also served a last meal, which consisted of a rib-eye steak (medium), two eggs sunny side up, toast with butter, a cheeseburger with the works, onion rings, french fries, two slices of banana cream pie and a couple of 2-liter bottles of Dr Pepper. Later that evening, a federal judge granted his request for a stay of execution.
Or maybe he was really hoping for yet another delay, and didn't want to miss out on the chance as some decent grub.