BY BEN L. KAUFMAN
The Cincinnati Enquirer
The family of Wilford Lee Berry Jr. -- known as "the volunteer" for his desire to die rather than grow old in an Ohio prison -- won another delay in his execution on Friday.
The U.S. Court of Appeals for the 6th Circuit in Cincinnati agreed to withhold an order that would have let Ohio set a date for the admitted killer's death.
Mr. Berry, 35, murdered his employer, Cleveland baker Charles Mitroff, in a 1989 robbery.
The Ohio Supreme Court says Mr. Berry is mentally competent to choose to die. His mother and sister say he is too mentally ill to make that decision.
A federal judge in Columbus issued a stay of execution, saying the Ohio Supreme Court applied the wrong standard for competence. The 6th Circuit overruled the judge. It said Ohio had done its job properly and Mr. Berry's family had no right to appeal on his behalf. That ruling would have freed Ohio to execute Mr. Berry once it was formally issued last week.
However, Mr. Berry's family asked the 6th Circuit to withhold its order and leave the stay of execution in place while the U.S. Supreme Court decides whether to hear their appeal.
Friday, over protests by Ohio Attorney General Betty Montgomery, the 6th Circuit granted the family's request.
If the U.S. Supreme Court agrees to hear the appeal, the stay can be extended. If not, the 6th Circuit can issue its formal order ending the stay and Ohio can execute Mr. Berry.
