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COLUMBUS, Ohio (AP) — A prosecutor is asking the Ohio Supreme Court to reject a condemned man’s request to delay his execution set for next month.

Franklin County Prosecutor Ron O’Brien says death row inmate Warren Keith Henness’ motion is an abuse of the court system.

The 55-year-old Henness is scheduled to die by lethal injection Feb. 13. His attorneys want a delay based on a federal judge’s finding that Ohio’s three-drug injection process “will certainly or very likely cause him severe pain and needless suffering.”

Henness’ attorneys have separately asked Gov. Mike DeWine to issue a reprieve.

In a Thursday court filing, O’Brien called Henness’ request an attempt to avoid justice through “piecemeal litigation.”

Henness says he’s innocent in the fatal 1992 shooting of a volunteer addiction counselor.