[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO

[Rick Halperin]

Sept. 26



TEXAS:

Judge admonishes media covering Williams jury selection


The media was put on notice on Monday during the Eric Williams jury selection 
after at least 1 Dallas-area TV reporter was found to be tweeting during the 
morning's proceedings.

Williams and his wife, Kim, have been charged with capital murder for the 
slayings of Kaufman County Assistant District Attorney Mark Hasse on Jan. 31, 
2013, and Kaufman County District Attorney Mike McLelland and his wife, 
Cynthia, on March 30, 2013.

After the morning questioning of 1 prospective juror in Auxiliary Court at the 
Rockwall County Courthouse, the court proceeding adjourned unto 1 p.m.

When a member of the media returned for the beginning of the afternoon jury 
selection process, members of the prosecution and defense teams were at the 
judge's bench and the reporter was told by Judge Webb Baird of Paris - sitting 
in for visiting Judge Michael Snipes who is overseeing the Williams murder case 
- that it had been brought to his attention that some members of the media had 
been tweeting the morning's proceedings.

Baird warned the media person present and said if anyone was caught tweeting, 
he or she would be removed from the court.

Bailiffs were instructed to watch for any members of the media that may be 
tweeting during the proceedings.

3 prospective jurors were interviewed on Monday by members of the prosecution 
and defense teams, 2 men and 1 woman.

The process to seat 12 people is slated to take weeks with the trial set to 
begin on Dec. 1. The trial itself may take between 2 and 3 weeks with the 
possibility of jurors being sequestered once deliberations begin.

Dallas County Criminal Court No. 7 Judge Michael Snipes is overseeing the case 
but had to step aside on Monday to attend to cases on his docket back in 
Dallas. Snipes was appointed to hear the case in 2013 after 422nd District 
Court Judge B. Michael Chitty recused himself.

Snipes was replaced by Baird of Paris who handled the rest of the day's 
proceedings.

The prospective jurors were questioned about their views on the death penalty, 
as well as should a defendant be given life without parole, and whether they 
had seen news of the killings in the media.

"Philosophically, I believe in the death penalty, but I would not want to pull 
the switch," the 1st prospective juror said.

When pressed further about pulling the switch by prosecutor Jerri Sims, he said 
it was a hard question to answer because of his Christian beliefs.

"Can you do it or not?" Sims asked.

He said he could.

He also was asked about news of the killings in the media.

"I don't pay attention to local news," he said. "I think [I heard about] a 
judge and his wife being killed in Kaufman County. I don't know their names."

Sims also asked him about his thoughts on gun control.

"I think it is unconstitutional," he said. "The Constitution is clear in my 
opinion."

Sims asked him if he owned guns, and he said he had rifles, shotguns and 
handguns.

"Does that make me a gun nut?" he asked. "Maybe."

He also said law enforcement is becoming too militarized, and that police have 
too much power.

Williams defense attorney Matthew Seymour questioned the 1st prospective juror, 
first keying in on media coverage.

Seymour, based on publicity surrounding the case - which was moved to Rockwall 
County from Kaufman County after Snipes granted a change of venue - asked the 
juror if he had formed an opinion.

"No sir," he said.

Seymour then questioned him about the death penalty as the only form of 
punishment in a capital murder case.

"If [a defendant] committed a murder and continues to be a threat to the public 
... I would have some questions," he said. "I am not sure how you would judge 
that with certainty. I don't think the death penalty should be the only 
appropriate punishment."

The prospective juror said Timothy McVeigh deserved the death penalty because 
of the women and children he murdered in Oklahoma in 1995.

"That rises to a different level," he said. "He planned it and it took a long 
time. It seemed evil. It is hard to reconcile in my mind how he could do that. 
It is an intentional act of evil that consumed his mind. That appears to be 
different than a normal murder."

Prosecutor Tom D'Amore and defense attorney Doug Parks questioned the 2nd 
prospective juror.

That juror did not hesitate when questioned about the death penalty. He said he 
strongly believes in it as a form of punishment and has no problem with lethal 
injection as the method.

The 2nd prospective juror also said he can be fair and listen to both sides of 
the case because he has the ability to listen to the facts.

"I could not say guilty if not proven beyond reasonable doubt," he said.

The candidate said he had heard about the case through the media.

Parks asked him whether he recognized anyone on the list of witnesses set to 
testify during the Williams murder trial.

The prospective juror said he did not know the people. He also said he did not 
know the victims in the case.

Parks said he was concerned about the candidate's strong stance on the death 
penalty.

"If [someone] commits a crime heinous enough for the death penalty, I am all 
for it ... a crime where an individual has thought out, planned and executed it 
without remorse," he said. "If a defendant is put to death, he will not commit 
a 2nd crime."

Once the candidate left the courtroom, Parks objected to him being chosen as a 
juror. Baird denied the motion.

The 3rd prospective candidate was questioned by prosecutor Toby Shook and 
defense attorney John Wright.

When asked whether she believes in the death penalty, she said she did.

"I believe there is a place for it, yes," she said. "A society without laws or 
punishment goes awry."

Having said that, and prompted by further questioning by Shook, she admitted 
her take on the death penalty was more philosophical.

However, she also said if she was put in a position to make a choice based on 
the law, she would do it.

"Would l like it?" she asked. "No. I would not take it lightly."

Wright then took his turn on preparing to question the prospective juror, but 
before he was able to ask any questions, the proceedings were stopped and she 
was excused.

Baird told each of the prospective jurors he or she would be notified by 
Wednesday or Thursday whether they would be a juror in the Williams case.

(source: Terrell Tribune)

******************

Brown and Graves Discuss Death Penalty at Church in College Station


2 murders cases and 2 death penalties were the topic of discussion at Saint 
Mary's Catholic Center in College Station.

9 year old Kandy Kirtland was abducted from her Bryan home in May 1987 after 
being dropped off by a school bus. Her body was found in a creek on Villa Maria 
Road, and James Earhart was executed for the crime. In 1994 Anthony Graves was 
convicted in assisting in the 1992 murders of 6 people, but was exonerated in 
2010 after spending 18 years in prison, including 12 on death row, for a crime 
he didn't commit.

Kandy Kirtland's mother, Jan Brown, and Anthony Graves came together Thursday 
night to speak about the impact of the death penalty on individuals, families, 
and the community.

"Has anyone ever watched an execution? You don't want to." Jan Brown recalls 
the day James Earhart was put to death for the murder of her daughter Kandy 
Kirtland. She says the death penalty put an end to the legal process, but it 
didn't bring her daughter back which is why she believes the process isn't a 
deterrent for murder. Brown says, "I have literally heard hundreds of offender 
stories. I have never heard one offender say the possibility of getting a death 
penalty sentence kept them from murdering anyone."

Anthony Graves says he spent 18 years in prison for a crime he knew nothing 
about. During his time in prison hundreds of executions were carried out, and 
he believes many of those convicts were innocent. "I don't care if you believe 
in it or not, but ask yourself this question. Does it work?'"

Brazos County District Attorney Jarvis Parsons says it does, but the death 
penalty should be reserved for the worst crimes. "One of the things we try to 
do in Brazos County is to make sure we have proof beyond a reasonable doubt 
that there's overwhelming evidence of guilt in death penalty cases because you 
want to be sure."

Parsons has been involved in three death penalty convictions since starting in 
2002 as a prosecutor. He says it's not an easy decision to ask for the death 
penalty but sometimes it's necessary because the victims deserve justice as 
well.

(source: KBTX news)






PENNSYLVANIA:

Lethal injection provides illusion of humane death penalty


Hubert Michael is not a nice guy. 20 years ago he pleaded guilty to kidnapping, 
raping and murdering a teenage girl in York County. He is not innocent. Nobody 
is going to hold a rally to free him nor should they.

But there are people fighting to keep him from being executed by a lethal drug 
injection. They are fighting because death by lethal injection was supposed to 
be a humane way to protect society from violent criminals and punish heinous 
crimes, but it has become a form of torture.

We saw that in Oklahoma in April when Clayton Lockett writhed and screamed in 
pain as his veins collapsed during his lethal injection when a new, untested 
drug didn't work properly. He took 43 minutes to die. The same thing then 
happened again in Arizona and Texas. All three states tested new drugs because 
the pentobarbital they were using was cut off because its supplier didn't 
approve of their epilepsy drug's being used for executions.

Yet Pennsylvania stated in July it wanted to do the same thing and execute 
Hubert Michael with a cocktail of untested drugs whose names it wouldn't even 
release, instead of waiting until a new source of pentobarbital could be found.

The state of Pennsylvania had a reason not to wait for a new source of 
pentobarbital. It didn't want to delay the execution, and the drug might not be 
available for a long time given concerns about its use.

The Danish manufacturer of the state's pentobarbital is the only one approved 
by the Food and Drug Administration to supply the drug for executions, mainly 
because other companies have refused for years amid a growing controversy over 
pain and botched executions using that drug.

Now that the company has stopped supplying the drug, there is nowhere else to 
get it. Moreover, this isn't the 1st time this has happened. Pentobarbital 
itself was hailed as the painless, efficient new drug for lethal injections in 
2010 after the previous favorite drug combo - sodium thiopental, pancuronium 
bromide and potassium chloride, which had been used for decades despite no 
medical studies showing its effectiveness - was shown to frequently cause 
massive pain. In short, botched lethal injections aren't something new; they've 
been happening for years.

If there were a good alternative to lethal injection, we might say, fine, 
lethal injection may all too often lead to tortured deaths, but we can just 
switch methods. Lethal injection, however, is in many ways the method of last 
resort now that over the last hundred-plus years we've tried everything else.

In 1924 we tried cyanide gas. After all-too-frequent-botched executions leaving 
condemned men alive and choking, it was mostly abandoned by the 1980s. Cyanide 
was an alternative to the electric chair, which had seen too many prisoners lit 
on fire, burned and left to die slowly. Firing squads sometimes missed with 
tragic results, and botched hangings led to death by slow asphyxiation.

Executions remain the only area where our criminal justice system allows the 
infliction of significant physical pain as part of punishment. The Eighth 
Amendment to the Constitution prohibits cruel and unusual punishment, which the 
Supreme Court has held must be judged by an "evolving standard of decency that 
marked the progress of a maturing society" - or what the rest of us might call 
common human decency.

That standard prohibits inflicting pain for the sake of causing pain and thus 
bans beatings and other corporal punishment in prisons. The pain Clayton 
Lockett experienced during the 43 minutes it took him to die after his veins 
collapsed was far worse than any beating. But since botched executions are 
technically accidents, they don't fall within the Eighth Amendment's 
protections, so the courts allow them to continue.

That leaves it up to us. We, as Americans, need to take a hard look at the 
death penalty. Life without parole can keep the Hubert Michaels of the world 
off the streets where they can't harm us ever again. The death penalty may do 
the same, but it brings with it the cruelty and inhumanity of botched 
executions that cause pain akin to torture. Is that really the kind of justice 
system we want to have?

(source: Opinion; Rachel Stevens, who lives in Allentown, is a lawyer and a 
member of the Bethlehem Chapter of Amnesty International ----Morning Call)

********************

D.A. to seek death penalty against inmate


Lawrence Peterson, 44, who is accused in the beating death of his cellmate at 
SCI-Houtzdale, is scheduled to go on trial next March and will be facing the 
death penalty, according to Clearfield County District Attorney William Shaw 
Jr.

Shaw said on Tuesday that Peterson's trial is scheduled for March 2-6 and the 
commonwealth would be asking for the death penalty if he were convicted.

Peterson is accused of beating William Keitel, 59, in the cell they shared in 
the F-Block of SCI-Houtzdale on Aug. 2, 2013.

Peterson was allegedly upset with Keitel because he heard he was talking about 
him behind his back and was telling people that Peterson was a child molester 
and deserved to die.

Peterson wrote in a letter that on Aug. 2 he had confronted Keitel when he 
returned to the cell and attacked him when he saw Keitel reach into his pocket 
believing he had a weapon, according to a previous article in The Progress.

Peterson is charged with criminal homicide, murder in the 1st degree, murder in 
the 3rd degree, aggravated assault, involuntary manslaughter, and recklessly 
endangering another person.

Peterson is serving a 40-80 year state prison sentence after being convicted at 
trial in June of 2000 on the charges of criminal attempt/homicide, rape, 
robbery, aggravated indecent assault and 2 counts of aggravated assault and in 
July of 2000.

According to the Morning Call newspaper on Nov. 16, 1998, Peterson smoked 36 
bags of crack cocaine and went on a crime spree where he raped a 
9-year-old-girl and stuffed a rag soaked with cleaner in her mouth. He also 
attempted to beat a woman to death and stabbed another woman with a 
screwdriver.

Keitel was serving a life in prison without parole for killing his ex-wife and 
her boyfriend at a convenience store outside of Pittsburgh on New Year's Day 
1998, according to the Pittsburgh Post Gazette. He shot his estranged wife, 
Michele Walker Keitel, 35, in the head with a .38 revolver and her boyfriend 
Charles Dunkle, 34, through the heart during a custody exchange of their 2 
children, aged 2 and 5.

(source: The Progress News)

****************

Trial against alleged Upper Merion baby killer Yandamuri is underway


After 8 days of jury selection, attorneys have been able to agree on 6 men, 6 
women and a group of 4 alternates to hear evidence in the case against 
Raghunandan Yandamuri who is accused of killing a 10-month-old baby and her 
61-year-old grandmother in Upper Merion in 2012.

Attorneys were able to settle on the last alternate on Wednesday morning so 
that the jury could be brought in Thursday morning to hear jury instructions, 
opening arguments and the 1st of the commonwealth's witnesses.

In court, Yandamuri, 28, said he was "happy" with the jurors who were selected. 
He also said, despite continued advice from Judge Steven O'Neill, that he would 
continue to represent himself during the trial and would not ask Stephen 
Heckman to return as his attorney. Presently, Heckman is serving as Yandamuri's 
stand-by counsel which means he can offer some guidance and advice to Yandamuri 
during the course of the trial. However, he is not allowed to interview 
witnesses or raise objections to questions asked by the commonwealth.

If Yandamuri is convicted, he will face the same jury for a penalty phase where 
the jury will decide on a sentence of life in prison or the death penalty. 
Yandamuri has previously elected to keep defense attorney Henry Hilles to argue 
to the jurors that Yandamuri should not get the death penalty.

After the last juror was picked on Wednesday, Judge O'Neill ruled that one 
picture of the crime scene may be shown to the jury as evidence for the first 
couple of witnesses. The picture, however, will have to be shown to jurors in 
grayscale. Judge O'Neill said he will rule on the other pictures as needed 
throughout the trial.

Judge O'Neill also ruled that the commonwealth may introduce evidence of 
gambling and debt in Yandamuri's past which may be presented as a motive. 
Deputy District Attorney Samantha Cauffman said the commonwealth plans on 
introducing Yandamuri's alleged gambling and history of debt.

Yandamuri is accused of the kidnapping and killing of Saanvi Venna and the 
killing of her grandmother, Satyavathi Venna, in the Marquis Apartments on Oct. 
22, 2012. Investigators immediately began searching for Saanvi Venna and found 
a note demanding $50,000 or the baby would be killed.

Police were able to narrow down the list of suspects because the kidnapper used 
the nicknames of Saanvi Venna's parents, which were known only to a few people. 
Yandamuri was on that list and was later taken in by police for questioning. 
During questioning, Yandamuri allegedly confessed to the killing and 
kidnapping. He also allegedly revealed to investigators that Saanvi Venna was 
killed shortly after the kidnapping. A video of the alleged confession may be 
shown to jurors as evidence during the trial.

Yandamuri has since said the confession was coerced by police and that he had 
been forced to lead 2 other men into the apartment. He maintains the 2 other 
men were the ones who killed Satyavathi Venna and kidnapped and killed Saanvi 
Venna.

(source: Mainline Media news)

***********************

Death penalty sought for man accused of killing girlfriend, unborn child


2 days after the Somerset County district attorney announced her plans to seek 
the death penalty in a recent homicide case, she explained her decision.

Prosecutors are seeking a 1st degree murder conviction against Denver Blough, 
the Windber man accused of shooting and killing his pregnant girlfriend in 
their apartment while the couples' 11-month-old son was sitting just feet away. 
Investigators said their unborn child died 20 days later.

Blough is facing 2 counts of criminal homicide among other serious charges. 
He's contended that the shooting was an accident, but prosecutors said all the 
evidence they've gathered proves he intended to commit the crime.

"This has not been an easy decision and I don't think in the beginning based on 
the information we had initially that I was prepared to make that decision," 
said Somerset County District Attorney Lisa Lazzari-Strasiser. "As the 
preliminary tests come in from the lab, as we met with the pathologist and as 
Trooper Goins continues to develop what we believe the facts support, I really 
was left with no alternative other than to seek the death penalty."

It's a decision Lazzari-Strasiser is making for the very 1st time in her three 
years in office. It's also a decision she just made last week but one she said 
only makes sense.

What distinguishes this case ladies and gentlemen, is that this is not a 
"whodunit," we know who done it," Lazzari- Strasier said. "The facts support 
it. It wasn't an accidental shooting... It was a brutal, violent event."

Blough is facing 2 counts of criminal homicide, 1 for the death of his pregnant 
girlfriend Caressa Kovalcik, the other for their unborn child, Abrianna 
Kovalcik, who died 20 days after the shooting.

When Blough goes to trial, prosecutors are seeking first degree murder and 
that's the verdict they need if they pursue the death penalty against him. 
Lazzari-Strasiser said she's confident the evidence points directly in the 
commonwealth's favor.

"At the time of the killing the victim was in her third trimester, not only 
third trimester but she was within a week of her due date and of course as the 
father-to-be, we allege, was full aware of her condition," Lazzari-Strasiser 
said.

6 News looked through old county records and archives Wednesday and found the 
last capital case in Somerset County was that of Todd Mitchell. He was a 
Meyersdale man accused of killing his girlfriend's 17-month-old child while 
babysitting in 2002. A year later though, he was only found guilty of 3rd 
degree murder, so the death penalty was tossed out. Mitchell is still serving 
his 20-year sentence in Greene County.

As for Blough's trial, Lazzari Strasiser said she would like for it to happen 
soon for the sake of the family but said she doesn't expect it to being until 
at least next summer.

In the meantime, the court will need to appoint him Blough a new attorney, 
someone with experience in death penalty cases. That may have to be an 
out-of-county attorney though because currently no public defenders in Somerset 
have that certification.

It's also important to note that Lazzari-Straiser's announcement does not mean 
a plea deal is completely off the table. In fact she told 6 News, "never say 
never." The decision could also be removed before the trial.

For prosecutors to even consider the death penalty in a case, they have to 
announce their intent before formal arraignment, and for Blough, that's 
scheduled for this Monday.

(source: WJAC news)

********************

New sentencing ordered for woman on death row


The state Supreme Court has ordered a new sentencing hearing for a western 
Pennsylvania woman on death row in the starvation death of her 7-year-old 
daughter.

45-year-old Michelle Tharp was sentenced to death in Washington County after 
she was convicted of 1st-degree-murder in the 1998 death of Tausha Lee Lanham, 
who weighed less than 12 pounds.

Prosecutors said Tharp and her boyfriend dumped the child's body in West 
Virginia and pretended that the girl had been abducted from an Ohio shopping 
mall.

The Pennsylvania Supreme Court ordered a new penalty hearing Wednesday on the 
grounds that her attorney failed to present evidence that may have persuaded a 
jury to spare her life, such as a history of mental illness, abuse throughout 
her childhood and borderline intellectual function.

(source: Associated Press)






FLORIDA:

Defendant's foggy memory of Lutz triple murder complicates possible plea


Edward Covington, the Lutz man charged with a triple murder that law 
enforcement officials said was among the most horrifying crimes they had ever 
seen, says he wants to "take responsibility" and plead guilty to the killings.

Naturally, his attorneys have advised against that.

But regardless of whether he admits guilt, Covington's recent pronouncements, 
recorded last month in a phone conversation with his mother from jail, could 
complicate his already messy case. Prosecutors are hoping to use the recording 
against him in his upcoming trial, which is scheduled to begin next month, 
arguing that it constitutes an admission of guilt. Meanwhile, attorneys for 
Covington are trying to get their client's words excluded on the grounds that 
plea negotiations are not admissible.

If convicted, Covington, 42, could face the death penalty.

Covington's jail phone call began like many others, with a recorded message 
reminding him that he was being monitored. Despite this warning, he proceeded 
to tell his mother that he wanted to take responsibility for the death of his 
former girlfriend, Lisa Freiberg, 26, and her children, 2-year-old Savannah and 
7-year-old Zachary.

Hillsborough sheriff deputies found their mutilated bodies on the floor of 
their mobile home a day after Mother's Day in 2008. Covington, a former prison 
guard, was found hiding in a closet, wearing only his underwear, his body 
covered in scratches and his feet wet with blood.

In the court hearings that followed, attorneys representing him argued that he 
had gone off his "mood stabilizer" medications after losing his medical 
coverage and had fallen into an uncontrollable bipolar rage. He also tested 
positive for cocaine after his arrest. For his part, Covington has maintained 
he does not remember murdering Freiberg and her children.

"I just want to take responsibility for what happened," he told his mother in 
the recorded call. "I may not know what happened, but I know I'm the cause of 
it."

He went on to say that his attorneys, who are with the Hillsborough Public 
Defender's Office, had advised him not to plead guilty because of the gaps in 
his memory.

"They go, 'How did you do it?' I'm like, 'Well, um.' They go, 'Who did you kill 
first?' I go, 'Um, um. I wanna say this way.'"

Any account he could give of what happened that day would be a fabrication, 
Covington told his mother, and he couldn't lie to a judge. His mother said 
little in response, and the transcript ends with her asking him what his 
attorneys want him to wear for the trial.

However Covington may have interpreted his attorney's advice, there is no legal 
rationale for withholding a guilty plea because of a foggy memory, said 
Clearwater defense attorney Steve Romine.

"As long as you understand the process and as long as you can make an 
intelligent and freely entered plea, you can plea to anything in your best 
interest, whether you remember the crime or not," said Romine, who is not 
involved in the case.

He gave the example of a motorist who is charged with driving under the 
influence, but because he was intoxicated, can't remember how he ended up 
behind the wheel. Even people who believe they are innocent often plead guilty 
to less serious offenses in court to avoid a jury trial and high attorney's 
fees.

In their motion to include Covington's statements in the trial, prosecutors 
said that he was offering to plead guilty only during the first phase of the 
trial, when a jury decides whether he is guilty or innocent of the charges 
against him. In the second phase, known as the penalty phase, jurors would 
still have to vote on whether to he should be executed.

Prosecutors turned down his earlier offer to plead guilty in order to avoid the 
death penalty.

(source: Tampa Bay Times)






ALABAMA:

Jury set for trial in ex-Auburn players' slayings


Attorneys selected a jury Thursday for the capital murder trial of a man 
charged with killing 2 1-time Auburn University football players and a 3rd 
person at a party more than 2 years ago.

The judge told the panel of 12 jurors and 4 alternates to return Friday 
afternoon for opening statements in the trial of Desmonte Leonard, 24, of 
Montgomery.

Prosecutors are seeking the death penalty against Leonard in the shooting, 
which wounded 3 more people during a party at an apartment clubhouse near the 
Auburn campus on June 9, 2012. The dead included former Auburn football players 
Ladarious Phillips and Ed Christian, plus DeMario Pitts of Opelika.

Leonard surrendered to authorities after a 3-day manhunt and has pleaded not 
guilty.

The defense says the shooting was in self-defense, and a ruling by the judge 
after jury selection could help them make the case.

Circuit Judge Jacob A. Walker III said he would allow limited testimony by a 
clinical psychologist, Lauren Reba-Harrelson, who testified during a hearing 
that Leonard was shot in the abdomen in 2008 and now has a "heightened sense of 
awareness" to threats to that part of his body.

Prosecutors argued that jurors shouldn't be allowed to hear the testimony since 
Leonard isn't using an insanity defense, but the judge said the defense could 
use the testimony for limited purposes of showing why Leonard might have been 
fearful.

Evidence during an earlier hearing showed Leonard argued with an Auburn 
football player at the party, and Pitts hit Leonard with a bottle before the 
shooting began. Police have said the shooting wasn't linked to victims' status 
as athletes.

Christian had quit the team because of a lingering back injury and Phillips was 
transferring to Jacksonville State University. The wounded included former 
Auburn player Eric Mack and 2 Roanoke men, Xavier Moss and John Robertson.

Leonard is charged attempted murder and assault in addition to the murder 
counts. He has been jailed since his arrest.

During the search for Leonard, police swarmed a rental home in Montgomery on 
June 11, 2012. They said heat-sensitive equipment indicated someone was hiding 
in the attic, but they never found anyone.

The owner of the home, Yakemi Ward of Prattville, is suing city and federal law 
enforcement in federal court, saying they destroyed walls and ceilings, tore 
apart the air conditioning system and ruined the interior by firing more than 
30 canisters of tear gas into the home.

The suit says the home couldn't be rented for a year and had to be gutted. The 
defendants are seeking to have the suit dismissed.

(source: Associated Press)






OHIO:

Grube case costs top $100K, could go higher


The cost to investigate and prosecute the 2 men who murdered Robert and Colleen 
Grube is more than $100,000 and could climb higher if the cases are appealed.

But Mercer County Prosecutor Matt Fox feels the true cost of the crimes 
committed by Bryant L. Rhoades and Trevin Sanders-Roark cannot be measured in 
dollars and cents.

"In a community like Mercer County, crimes of this nature touch and affect 
every single person, from the surviving Grube families to those who knew Robert 
and Colleen Grube or those who no longer feel safe in their homes," he said. 
"Whatever costs incurred and monies spent pale in comparison to what those 
murders have cost this community."

Rhoades, 23, and Sanders-Roark, 20, both of Union City, received consecutive 
life sentences in August for the tragic deaths of the Fort Recovery residents 
in November 2011.

Rhoades entered guilty in Alford pleas to 2 counts each of aggravated murder, 
aggravated robbery and aggravated burglary in exchange for the dismissal of 
death-penalty specifications and the remaining 21 counts in the original 
indictment.

Sanders-Roark, who was not eligible for the death penalty because he was 17 at 
the time of the crime, pleaded guilty to the same charges.

Both men claimed to be indigent, so the court provided each defendant with 
attorneys. The cost, by law, must be paid by the county with a portion 
reimbursed by the state.

Mercer County Commissioners initially set aside $100,000 to pay for attorneys, 
expert witnesses and other costs, but months ago decided to deposit another 
$50,000 into the special account as costs continued to mount. Their records now 
indicate expenditures at $102,876.

Rhoades' attorneys William Kluge and Robert Gryzbowski submitted bills to 
common pleas court totaling $35,624.

Kluge, who is certified to handle death-penalty cases and served as lead 
defense counsel, submitted a bill for $16,556. Gryzbowski, certified as a 
second chair counsel in death-penalty cases, billed the county $19,068. Court 
records indicate most of his time involved duties outside the courtroom.

Sanders-Roark had four attorneys during the course of his case beginning with 
local attorney Donna Post, who handled proceedings in Mercer County Juvenile 
Court for $11,529. Her fee is not included in the commissioners' overall total.

Troy attorney Jose Lopez was appointed after it was determined the defendant, 
who was 17 at the time of the murders, should be tried as an adult. Fees 
totaled $2,859 before Lopez asked to be relieved of his duties in November.

Local attorneys Richard Delzeith and Peter Van Arsdel were appointed to handle 
the defense after Lopez stepped down. Delzeith's fee is $6,557 while Van Arsdel 
billed the county $1,573.

Other costs related to Rhoades' defense totaled $54,494 for a mitigation 
specialist, investigator, psychologist, copies related to the 16-month 
investigation and a person to collate more than 76,000 pages into binders. 
Other costs for Sanders-Roark were $1,767 for an expert witness.

The Ohio Public Defender's Office reimburses counties 40 % of the amount spent 
on indigent defense fees including attorney and expert witness costs. However, 
the state caps some expenses and the county must pay the bills before filing 
applications for reimbursement. The application process is continuing.

Fox declined to cite a specific amount spent on tangible and intangible costs 
from the prosecutor's office. He said the intangible costs involve thousands of 
hours spent preparing the case with the work completed by salaried personnel.

The time spent by court and clerk of courts staff also is not included in the 
overall cost of the cases because the work was completed during employees' 
regular work hours.

16 months of investigation also carried costs, Mercer County Sheriff Jeff Grey 
said. He estimates the total at more than $243,850 including pay for 4 
detectives assigned to the case, DNA testing and typed transcripts of 
interviews. Included in the amount is the $51,850 to house Rhoades and 
Sanders-Roark and $5,000 in transportation costs.

"This figure does not include costs that the attorney general's office had for 
investigators assigned to help us, lab work, crime scene work and support 
staff," Grey said. "My guess is their numbers would be close to, maybe more, 
than what we spent."

Numbers also were not available from the office of state attorney general Mike 
DeWine, which does not bill counties for its costs.

The Ohio Public Defender's Office has notified local authorities it plans to 
file an appeal on Rhoades' behalf in the Third District Court of Appeals.

Sanders-Roark has not indicated if he intends to appeal.

(source: The Daily Standard)

*******************

Ohio man sentenced to death for fatal shooting


A 30-year-old northeast Ohio man who already has spent most of his adult life 
behind bars has been sentenced to death for a fatally shooting a man during a 
robbery in September 2012.

Judge Andrew Logan on Wednesday affirmed the death penalty recommendation made 
by a jury last week for David Martin. The same Trumbull County jury convicted 
Martin of aggravated murder and other crimes two weeks ago in the slaying of 
21-year-old Jeremy Cole of Warren.

Police believe Martin shot Cole in the head during a home-invasion robbery 
attempt at Cole's home. A woman who lived at the home, Melissa Putnam, was shot 
in the hand and neck but was released from the hospital a few days after the 
shooting.

Putnam served as a key witness in the trial.

Martin, of Cleveland, has been out of prison for less than a year since getting 
arrested for his 1st adult felony in July 2001. He currently is serving a 
federal prison sentence for selling an assault rifle to an undercover agent.

Martin yawned and did not speak during his sentencing in a Warren courtroom, 
but he apologized at the end of the trial.

"The death penalty is the ultimate penalty for the ultimate crime, and he 
deserves it," prosecutor Chris Becker said after the sentencing.

(source: Associated Press)