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Most people on death row are facing a bleak finality and it is shoved in their face every day. They also have all the time in the world to conceive bizarre ideas to attempt to wiggle out of the tight iron bars of death row. Richard Cooey, who was sentenced to death for a 1986 rape-murder of two college girls he abducted, did that once already with a tried and true defense and now tries it again with a dramatic new claim.

The crime for which Richard Cooey was sent to death was a senseless and brutal one. Him and a co-conspirator were throwing concrete from an overpass when they destroyed the windshield of a car being driven by Wendy Offredo and carrying passenger Dawn McCreedy. Neither were injured, but their car was no longer drivable so they pulled off the roadway. When they pulled over the two girls were then approached by Cooey and a friend who offered to give them a ride to a pay phone and then bring them back. Instead of coming back to their vehicle Cooey and his friend drove them to a desolate area with the intentions to rob them. The robbery morphed into a vicious rape at which point then the two men decided to strangle and beat the girls to death. He was subsequently convicted and sentenced to death for his actions.

Several years ago, in 2003, Cooey was only hours from his first execution date of July 24, 2003 when it was stayed due to a loop hole and technicality combining improper counsel and appeal using a violation of habeas corpus. His counsel was dismissed and Cooey argued that this affected the validity of his last appeal. Now, as his new execution date of October 14th, 2008, he has a new scheme to avoid the needles. His excuse; “I’m too fat for you to find my veins”.

It is an unusual excuse, but it has grounds. A year ago an inmate named Christopher Newton who was 6′ tall and 265 pounds was executed, but with difficulty. The reason for the difficulty cited was that his large size made his veins difficult to find and administer the drugs correctly. Medical professionals agree that if the first of the series of drugs is not administered properly the rest of the execution process is an excrutiating one and falls under the “cruel and unusual punishment category”. Cooey, who is 5′7″ and weighs 267 pounds is citing that incident as well as past instances where the prison medical staff has had difficulty drawing blood as a reason the lethal injection may not be able to be administered properly and therefor should not be attempted.

Previously a prisoner stated a reason for appeal of his execution was that he was obese and diabetic. His appeal was denied. So there are cases supporting both sides of the argument. The law suit has not reached the Ohio Attourney General’s office as of the start of this week so they had no comment on the appeal.

When being overweight is a defense for stay of execution is the day I say the justice system has entangled itself too deep in its own weeds and is no longer effective. Two innocent and unknowing women died senselessly and have receive no justice because a prisoner and his counsel know how to find and exploit loop holes in the system. It is not justice, but a game.

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