Senators try to get money back for border plan

WASHINGTON — A bipartisan group of Western and Southwestern senators has come together to try to get critical funding restored in the federal budget for prosecuting alleged drug traffickers and other lawbreakers along the Southwest border.

The senators representing California, Texas and New Mexico want the Senate Appropriations Committee to restore $31 million for the Southwest Border Prosecution Initiative, which the Obama administration did not fund in the 2011 budget.

The senators are California Democrats Dianne Feinstein and Barbara Boxer, Texas Republicans John Cornyn and Kay Bailey Hutchison, and New Mexico Democrats Jeff Bingaman and Tom Udall.

Allergy excuse won't work for Ohio inmate

COLUMBUS, Ohio — An inmate scheduled to die next week for raping and strangling a 16-year-old girl has failed to present enough evidence of an allergy to anesthesia that could affect the execution, a federal judge ruled Friday.

Condemned killer Darryl Durr waited too long to raise the issue of an allergy and then relied mainly on speculation to ask for time to investigate, said U.S. District Judge Gregory Frost.

"Durr presents this court with an unproven allergy that might have an unknown effect on his execution and asks for time to fill in details that may or may not rise to the level of demonstrating a likelihood of success," Frost wrote in the afternoon ruling.

"Speculation is not evidence, however," Frost said.

Durr's attorneys immediately appealed the judge's ruling and a second ruling rejecting Durr's request for more DNA testing.