After the discovery of the East Cleveland Police reports end of the 1990s, Romell's post-conviction defense counsel filed a "Brady Claim", the goal of which was to get Romell Broom a new trial. Romell Broom's defense had to prove that the two conditions for a Brady claim were being satisfied. 1) that the newly disclosed material was not disclosed to defense counsel in the course or prior to the trial in 1985 and 2) that said material would have been favorable to Broom.

The federal judge found both conditions for Brady satisfied. Even though she did not find that the prosecution had suppressed the material, it would have been imputed to the state to make this material available to the defense. In addition the judge found that that the statements contained in the East Cleveland police reports would have indeed questioned the credibility of the two eyewitnesses at trial and therefore would have been favorable to Broom.

Nevertheless the Judge said she could not grant relief on the Brady claim, as it was procedurally defaulted. In other words, form is more important than justice. Shortly after, the State scheduled an execution date for Romell Broom.

On the early afternoon of September 15th, 2009, the state of Ohio began to carry out the death sentence on Romell Broom and after two-and-a-half hours of failed attempts, stopped the procedure.