The state can try again to put to death a condemned killer whose 2009 botched execution was called off after two hours, the Ohio Supreme Court said Wednesday. The court by a 4-3 vote rejected arguments by death row inmate Romell Broom, whose attorneys said giving the state prisons agency a second chance would amount to cruel and unusual punishment and double jeopardy. Prosecutors had argued double jeopardy doesn't apply because lethal drugs never entered Broom's veins while executioners unsuccessfully tried to hook up an IV. They also said a previously unsuccessful execution attempt doesn't affect the constitutionality of his death sentence. "If the state cannot explain why the Broom execution went wrong, then the state cannot guarantee that the outcome will be different next time," French wrote. Broom was sentenced to die for raping and killing 14-year-old Tryna Middleton after abducting her in Cleveland in 1984 as she walked home from a Friday night football game with two friends. His 2009 execution was stopped by then-Gov. Ted Strickland after an execution team tried for two hours to find a suitable vein. Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed. An hour into the execution, the Department of Rehabilitation and Correction recruited a part-time prison doctor with no experience or training with executions to try — again, unsuccessfully — to find a vein. Broom's appeals in federal court were on hold while the state court heard the constitutional arguments. Broom, 59, has been back on death row since. No new execution date has been set. Federal appeals court upholds California's death penalty Requiring Broom to endure another execution attempt would double his punishment by forcing him to relive the pain he's already been through, his attorneys, Adele Shank and Timothy Sweeney, argued in a court filing last year. During a June hearing, Chief Justice Maureen O'Connor asked Shank about a prison official's testimony that Broom may have caused the problems with his veins by taking an entire box of antihistamines the day before to dehydrate himself. Shank said she witnessed Broom drinking coffee the day of the procedure. Chris Schroeder, an assistant Cuyahoga County prosecutor, said the antihistamines allegation was not part of the state's argument. In 1947, Louisiana electrocuted 18-year-old Willie Francis by electric chair a year after an improperly prepared electric chair failed to work. The U.S. Supreme Court ruled 5-4 to allow the second execution to proceed, rejecting double jeopardy arguments. A state's administration of its criminal law isn't affected by due process rights, when "an accident, with no suggestion of malevolence, prevents the consummation of a sentence," the court ruled at the time. Ohio prosecutors said lower courts properly determined that any mistakes happened during Broom's execution preparations, not the actual procedure. Schroeder said the evidence shows that the state wasn't deliberately trying to hurt Broom and that nearly two dozen successful executions since 2009 mean such an event couldn't happen again. Death row killer's lawyers target victim's character Middleton was killed Sept. 21, 1984, after she was abducted at knifepoint about 11:30 p.m. in East Cleveland, where she lived, while two 13-year-old girls she was walking with ran for help. Her body was found three hours later in a nearby parking lot. She had been stabbed seven times and sexually assaulted. Broom was convicted a year later based largely on the eyewitness accounts of the two other girls. The crime happened five months after he had been released from a nine-year prison lock-up for raping a 12-year-old girl in 1975. Broom maintains he did not kill Middleton. During Friday's hearing, his legal team didn't go so far as to say he was innocent of murder, but they seemed to question whether there really had been an abduction and rape - criminal circumstances that triggered the death sentence for the slaying. They introduced dozens of police reports of interviews with other teenagers who knew Middleton that were not disclosed by police or prosecutors during Broom's trial. The reports portrayed Middleton and her two friends that night as being drunk on beer and high on marijuana. Middleton was also said to be sexually active and along with her girlfriends was known to accept rides from strangers. " Romell Brown did not receive a fair trial," Sweeney, of Cleveland, told the board. "If all the evidence was known, he may have still been convicted, but he would have escaped the death sentence." Sweeney was joined by attorneys Adele Shank and Alan Rossman. Rossman was one of Broom's original attorneys. Prosecutors weren't buying it and told the Parole Board that Broom is a cold-blooded killer who has never expressed remorse.