Court rejects Ohio killer's age argument as execution nears

(AP Photo/Kiichiro Sato, File)

COLUMBUS, Ohio (AP) - An appeals court has rejected arguments from a condemned Ohio killer facing execution Wednesday that he shouldn't be put to death because of his age at the time of the crime.

The 8th Ohio District Court of Appeals in Cleveland says the request by Gary Otte (OH'-tee) can't be raised under Ohio law or current federal court rulings.

Lawyers for Otte wanted the court to apply the ruling of a Kentucky court last month that found the death penalty unconstitutional for people who were under 21 at the time their crimes were committed.

Otte was 20 when he killed Robert Wasikowski (wah-sih-KOW'-skee) and Sharon Kostura in Parma, in suburban Cleveland, in 1992.

A message was left with Otte's attorneys seeking comment.

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