COLUMBUS — A federal court that already had postponed the execution of John W. Byrd pushed it back again to Oct. 8.

        The delay will give 11 judges on the U.S. Court of Appeals for the 6th Circuit in Cincinnati more time to consider legal pleas intended to reopen Mr. Byrd's case and stop his execution.

Byrd

        The decision Tuesday, which surprised prosecutors and the state public defender, also hinted at a deep philosophical split among the judges. While attorneys worked to determine their next moves, it appeared only a U.S. Supreme Court order will put Mr. Byrd in the electric chair any time soon.

        Hamilton County Prosecutor Mike Allen called the decision a “mockery,” noting that a three- judge panel of the court delivered a blistering 2-1 decision denying Mr. Byrd's last plea for life.

        Ohio Public Defender David Bodiker praised the decision, saying it might provide some hope of stopping the execution.

        “Somebody opened the door for us,” Mr. Bodiker said of the judges.

        Mr. Byrd was convicted in 1983 for the stabbing death of Monte Tewksbury, a clerk in a Colerain Township convenience store. His appeal hinges on two sworn confessions of an accomplice to the crime who has confessed to stabbing Mr. Tewksbury.

        State courts have rejected John Brewer's confessions as unbelievable. Gov. Bob Taft also doubted Mr. Brewer's word when he denied clemency for Mr. Byrd Monday.

        It appeared the federal court would follow suit. The 2-1 decision blasted the public defender's office for “sitting on” Mr. Brewer's first confession since 1989. It also said the confessions created no legal basis to halt the execution.

        But the panel stayed the execution until Sept. 18, to give dissenting Judge Nathaniel Jones time to try to change Judges Richard F. Suhrheinrich's and Alice M. Batchelder's opinions.

        On Tuesday morning another judge, possibly Danny J. Boggs, asked 11 judges that could involve themselves in the case to dismiss the stay. If at least six judges agreed, it was possible the state could still have performed its execution at some point today.

        Instead of dismissing the stay, it appears at least six judges voted to extend it. Then they ordered the clerk of the court to forward any appeals asking all 11 judges to review the case.

        Joe Case, a spokesman for Attorney General Betty Montgomery, said the state filed an appeal at the U.S. Supreme Court asking them to vacate the Sept. 18 stay. It appeared Tuesday that they would have to file a new appeal asking the high court to dismiss the Oct. 8 stay.

        “We're done with the 6th circuit,” Mr. Case said. “The only court that can lift the stay is the U.S. Supreme Court.”

        Mr. Case was unclear on the timing of the high court's response given Tuesday's terrorist attacks on New York and Washington, D.C.

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