COLUMBUS — A death row inmate convicted of strangling a 16-year-old Elyria girl in 1988 had several last-minute appeals rejected by a federal court today, including a claim that he could be violently allergic to the anesthetic Ohio uses to put inmates to death.
Darryl Durr, 46, is running out of legal options to delay his execution tomorrow. The 6th U.S. Circuit Court of Appeals in Cincinnati upheld multiple rulings issued by lower courts last week.
A message seeking comment was left for Durr's attorneys, who could make a final appeal to the U.S. Supreme Court.
Monday's rulings rejected Durr's argument for more DNA testing on a necklace worn by the victim. The appeals court also rejected his claim that Ohio's lethal injection chemicals violate federal prescription drug laws.
Durr was transferred Monday from a state prison in Youngstown to the Southern Ohio Correctional Facility in Lucasville, home to the state's death chamber.
He was convicted of kidnapping 16-year-old Angel Vincent from her home in Elyria on Jan. 31, 1988, while her mother and stepfather were away at a Super Bowl party. He raped and strangled her with a dog chain and hid her body inside two orange traffic barrels placed end-to-end in a Cleveland park, prosecutors said.
Several boys playing in the park discovered her body three months later.
Durr says he is innocent and that he didn't receive a fair trial.
Experts have testified there would be no DNA on the necklace that the girl was wearing when her decomposed body was found.
Officials also couldn't guarantee the necklace had been preserved properly as evidence, ruining the chance of obtaining any results that could be used in court.
DNA testing of other biological evidence preserved from Vincent's body that was done last year at Durr's request found no DNA other than Vincent's.