His execution is scheduled September 15. Yesterday, a three-judge panel of the U.S. Court of Apeals for the Sixth Circuit rejected Keith's appeal. The ruling in in Adobe .pdf format.
Keith's attorneys issued the following statement:
"Today's denial by the Sixth Circuit of Kevin Keith's appeal is further reason why Governor Ted Strickland should grant clemency to Mr. Keith. Because of procedural barriers to raising the evidence suppressed by the State, the new evidence of innocence in Mr. Keith's case will never be heard in its entirety by any court or jury. Now, only Governor Strickland has the power to fully review Mr. Keith's innocence claims.
As Judge Eric Clay pointed out in his separate concurring opinion, 'Even if our jurisprudence has thus far failed to expressly recognize that an innocent person has a constitutional right not to be executed, it is deplorable that this Court has failed and refused in this case to consider and properly address Petitioner's legal arguments in a manner indicating that the Court recognizes that "death is special."'
Because the evidence of Keith's innocence has been uncovered piece by piece, our court system is ill-equipped to resolve the question of his innocence. And without intervention by Governor Strickland, this deplorable adherence to form over substance will result in the execution of an innocent man."
Rachel Troutman, Assistant State Public Defender
Andrew King, Assistant State Public Defender
Tyson Fleming, Assistant State Public Defender
John Q. Lewis, Partner, Jones Day
David Mills, The Mills Law Office LLC