Can a vein save a convicted killer? It the case of Romell Broom—it might. Broom was sentenced to death for raping and murdering 14-year-old Tryna Middleton on Sept. 21, 1984. Broom isn’t supposed to be alive to witness the 25th anniversary of Middleton’s death—but he is. Last Tuesday, the execution team at the Southern Ohio Correctional Facility spent several hours trying unsuccessfully to find a viable vein for a lethal injection. Now, Ohio is faced with the difficult task of determining whether it can try to execute Broom a second time, after it botched the first attempt.

Broom’s execution was originally rescheduled for Sept. 22—but that won’t be his last day either. On Friday, U.S. District Judge Gregory Frost issued a 10-day temporary restraining order that will prohibit the second execution attempt from happening. A new execution date cannot be set unless someone, it could be the state or the victim’s family, files a motion with the Ohio Supreme Court. So far, no motion has been submitted. In the meantime, Broom’s attorney will begin to litigate U.S. Constitution, Ohio Constitution, and Ohio statutory claims on his client’s behalf. “Broom should not be executed because the state tried once and failed,” said Tim Sweeney, Broom’s defense attorney. Sweeney hopes Broom’s prison sentence will be converted from death row to life in prison.