Federal panel reject Getsy's appeal

CINCINNATI -- A federal court panel has turned down a condemned man's appeal.

Judges of the Sixth U.S. Circuit Court of Appeals voted two-to-one to reject Jason Getsy's appeal based on a challenge to Ohio's lethal injection procedure. The Cincinnati panel ruled that the appeal was filed too late.

Getsy faces execution Tuesday for the 1995 death of 66-year-old Ann Serafino at her home in Hubbard in northeast Ohio. She was killed in a murder-for-hire plot aimed at her son.

Gov. Ted Strickland still must decide whether to accept the state parole board's recommendation to spare Getsy's life because the man who orchestrated the plot was not sentenced to death.