COLUMBUS, Ohio – A federal judge ordered a temporary moratorium on executions in Ohio until Aug. 15, by which time a new lethal injection protocol can be adopted and implemented.

U.S. District Judge Gregory Frost issued the order in the wake of the apparent botched execution of Dennis McGuire on Jan. 16, when witnesses observed the killer gasping, choking and clenching his fists for 10 minutes while the lethal drugs were being administered at the Southern Ohio Correctional Facility in Lucasville.

In response, the Ohio Department of Rehabilitation and Correction announced last month that it would use the same drugs, but in higher doses in future executions.

Dayton attorney Jon Paul Rion, who is representing the McGuire family in a lawsuit against the state, welcomed the moratorium, but questioned whether non-FDA-approved drugs should be tested on condemned killers.

"I'm thankful that time is being given to fix a problem that clearly needs attention," Rion said in a phone interview. "Our fundamental concern, speaking for the McGuire family, is that we are using therapeutic drugs for non-therapeutic purposes. Trying to create a protocol to use these drugs for executions seems to be a difficult task."

He continued, "We're concerned because there is no scientific correlation between the new (higher) doses or a scientific study that demonstrates either protocol is more effective."

Lisa Hackley, a spokeswoman for Ohio Attorney General Mike DeWine, issued a brief statement in response to Frost's ruling: "We will follow the court's order."

The order puts on hold the scheduled July 2 execution of Ronald Phillips of Akron, who was sentenced to death for the 1993 fatal rape and beating death of a 3-year-old girl. The Aug. 6 execution of William Montgomery of Lucas County was also continued to a later date.

In the meantime, Frost ordered the opposing sides in the issue to "work together to coordinate efforts" in preparation for the expiration of the moratorium.