Beatrice Lang
Romell Broom was sentenced to death by lethal injection for the rape and murder of 14-year-old Tryna Middleton in Cleveland in 1984. On September 15, 2009, his executioners spent two hours attempting to inject him with lethal drugs, but they were unable to find a vein and the execution was called off. Broom survived the attempt and returned to death row, where he remained until his death from COVID-19 complications in 2020.
| Characteristics | Values |
|---|---|
| Name | Romell Broom |
| Year of Execution Attempt | 2009 |
| Age during Execution Attempt | 53 years old |
| Crime | Rape and murder of 14-year-old Tryna Middleton |
| Method of Execution | Lethal Injection |
| Reason for Survival | Technicians could not find a suitable vein after 18 attempts |
| Aftermath | Returned to death row, died of possible COVID-19 complications in 2020 |
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What You'll Learn
Romell Broom's botched execution
Romell Broom was sentenced to death for the rape and murder of 14-year-old Tryna Middleton in Cleveland in 1984. Broom was convicted based on eyewitness testimony and DNA evidence. On September 15, 2009, the state of Ohio attempted to execute him via lethal injection. However, after two hours and 18 failed attempts to establish an IV line, the execution was called off. Broom became the second inmate in U.S. history to survive an execution attempt, and the only one to do so via lethal injection.
In the aftermath of the failed execution, Broom filed an appeal, arguing that a second attempt would constitute cruel and unusual punishment and double jeopardy. The Ohio Supreme Court rejected this appeal, with Justice Judith Ann Lanzinger siding with the state and arguing that the execution never began because the drugs were not administered. Lanzinger also stated that the state is committed to carrying out executions in a constitutional manner. However, Justice Judi French dissented, questioning the rejection of Broom's appeal and arguing that if the state cannot explain why the first execution attempt failed, they cannot guarantee a different outcome in a second attempt.
Despite the controversy and the questions surrounding the constitutionality of a second execution attempt, Broom faced the prospect of another execution date. In 2020, Governor Mike DeWine issued a reprieve, pushing back Broom's execution to March 2022. However, before that date could arrive, Broom died of possible COVID-19 complications at the age of 64 while still on death row.
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The rape and murder of Tryna Middleton
Romell Broom was sentenced to death for the rape and murder of 14-year-old Tryna Middleton. Broom kidnapped Middleton in Cleveland in 1984 as she walked home from a football game with two friends. Her partially clothed body was found in a nearby park by passersby. An autopsy revealed that she had been stabbed seven times and sexually assaulted prior to her murder.
Broom was 28 years old at the time of the crime and was already incarcerated for a botched kidnapping of an 11-year-old girl. He was convicted on eyewitness testimony and DNA evidence and sentenced to death by lethal injection. On September 15, 2009, technicians were unable to locate Broom's veins after 18 failed attempts, and his execution was called off after two hours. Broom filed an appeal, arguing that a second execution attempt would be unconstitutional and amount to cruel and unusual punishment.
The Ohio Supreme Court rejected Broom's appeal, siding with prosecutors who argued that double jeopardy did not apply because the lethal drugs never entered Broom's veins. Broom's attorneys continued to challenge the state's power to execute him a second time, but he ultimately died of possible COVID-19 complications in 2020 while still on death row.
The tragic case of Tryna Middleton highlights the devastating impact of violent crimes against young girls and the complex legal battles that can arise when executions are botched or delayed.
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The legal battle following the failed execution
Romell Broom, a death row inmate in Ohio, survived an execution attempt in 2009. He was sentenced to death for the rape and murder of 14-year-old Tryna Middleton in 1984. Broom's execution was carried out via lethal injection, but after 18 failed attempts to find a vein over the course of two hours, the execution was called off.
Following this failed execution, Broom filed an appeal, arguing that a second execution attempt would constitute cruel and unusual punishment and double jeopardy. The Ohio Supreme Court rejected Broom's appeal, ruling that the state could carry out a second execution. The court sided with prosecutors, who argued that double jeopardy did not apply because the lethal drugs never entered Broom's veins.
Broom's lawyers cited Ohio's poor track record in successfully carrying out executions, including the case of Willie Francis, who survived an electric chair execution in Louisiana in 1946 due to a malfunctioning chair. In a similar case from 1947, the U.S. Supreme Court allowed a second execution attempt for Francis, rejecting double jeopardy arguments.
The legal battle surrounding Broom's case continued, with Broom's attorneys arguing that he should not be subjected to another execution attempt. Meanwhile, the state of Ohio rescheduled Broom's execution several times, with Governor Mike DeWine ultimately issuing a reprieve and pushing the date back to March 2022. However, Broom died of possible COVID-19 complications in 2020 while still on death row, ending the legal battle over his execution.
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The use of lethal injections in Ohio
Romell Broom survived a lethal injection in Ohio in 2009. He was sentenced to death for the rape and murder of 14-year-old Tryna Middleton. On the day of his execution, technicians spent two hours trying to find Broom's veins, making 18 failed attempts to insert an IV line. He filed an appeal, arguing that a second execution attempt would amount to cruel and unusual punishment and double jeopardy. The appeal was rejected by the U.S. Supreme Court.
Ohio has had an unofficial moratorium on capital punishment since 2018, with no executions carried out since July of that year. The state has faced challenges in obtaining the drugs required for lethal injections, and there have been concerns raised about the cost and effectiveness of capital punishment as a deterrent. Opponents of the death penalty have called for a complete ban on capital punishment in the state.
In response to the moratorium on lethal injections, some Ohio lawmakers have explored alternative methods of execution. In 2020, a satirical news report claimed that the state had replaced lethal injection with a "humane" head-ripping machine. However, this report was not based on factual information. Nitrogen asphyxiation has also been suggested as a potential alternative method of execution.
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The double jeopardy argument
The Fifth Amendment of the U.S. Constitution includes a Double Jeopardy Clause, which guarantees that no one shall "be twice put in jeopardy" "for the same offence". This generally means that a person cannot be tried twice for the same crime. In the case of Romell Broom, who survived a botched execution attempt in 2009, the double jeopardy argument was used to challenge the state's power to execute him a second time. Broom's lawyers argued that allowing the state to try again would amount to cruel and unusual punishment and double jeopardy.
The double jeopardy clause has been the subject of legal debate and interpretation over the years. In some cases, the Supreme Court has held that the prohibition on double jeopardy extends beyond criminal prosecutions to include certain civil sanctions that are punitive in nature. For example, in United States v. Halper, the Court found that a civil sanction under the False Claims Act could qualify as punishment if it was overwhelmingly disproportionate to compensating the government for its loss.
The Court has also considered the "separate sovereigns" exception to the Double Jeopardy Clause, which allows for successive prosecutions by different sovereigns (such as a state and the federal government) for the same offence. This exception was challenged in the case of Gamble v. United States, where the defendant was charged with possession of a firearm as a felon by both the state of Alabama and the federal government. The Supreme Court heard oral arguments in the case but ultimately upheld the separate sovereigns doctrine.
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Frequently asked questions
No, Romell Broom did not survive the electric chair. He survived an execution attempt by lethal injection in 2009 and died of COVID-19 complications in 2020.
Romell Broom survived the lethal injection because the technicians could not find a suitable vein for the IV.
Broom's attorneys argued that he should not be subjected to a second execution attempt and filed an appeal with the Supreme Court. The Supreme Court rejected the appeal, ruling that the state could carry out a second execution.
No, Romell Broom died of COVID-19 complications at the age of 64.
