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

[Rick Halperin]

Feb. 13



TEXAS:

Rodney Reed deserves justice



Everything is bigger in Texas, including the state's death toll. It is 
well-known that Texas has executed hundreds more than any other state, and 
openly executes the mentally ill. Advocacy groups have documented the many 
cases of wrongful executions in Texas, as well as wrongful convictions that 
have been proven through exonerating DNA testing (though typically only after 
the exoneree has been waiting for a decade on death row). Relevant for the 
Black Lives Matter movement is that the Texas death penalty regime is 
incredibly racist - while black people are only 12 % of the state's population, 
they are over 40 % of the executed. This will come to a head on March 5, when 
Texas plans to execute an innocent black man named Rodney Reed.

In 1998, Reed was convicted by an all-white Bastrop jury for the murder of 
Stacey Stites. Following DNA testing which found Reed's semen inside Stites, 
the prosecution argued that Reed had raped and murdered her. Reed (as well as 
many eyewitnesses) maintained that they were having a consensual affair, which 
was kept secret because Stites' then-fiance was police officer Jimmy Fennell - 
he also maintained that a black man was dating a white woman who was engaged to 
a white officer would be incredibly scandalous and dangerous if revealed. In 
2012, the medical examiner who originally testified about the DNA came forward 
and challenged this link, saying that the decaying state of the semen implied 
it had been deposited well before the time that the prosecution alleges the 
crime was committed, fitting the defense's version of events. The prosecution 
has not offered any other evidence to link Reed to the crime.

There is, however, ample evidence to link Fennell to the crime. Fennell was 
found to be deceptive on 2 polygraph tests when asked if he had murdered Stites 
and could not prove his whereabouts at the time of the crime. Stites had been 
found on the side of a road, dumped from a truck that belonged to Fennell. Beer 
cans found near Stites' body contained the DNA of Fennell's neighbor and close 
friend. In the medical examiner's 2012 declaration, he also stated that it 
appeared Stites had been sodomized by "a rod-like instrument, such as a police 
baton."

In 1995, Fennell was quoted by another officer as saying that if he caught 
Stites cheating, he would strangle her with a belt to avoid leaving 
fingerprints - this is how Stites was killed. As detailed by The Intercept, 
Fennell has a history of misogynistic violence, having harassed and stalked 
multiple ex-girlfriends and innocent women. He is currently serving a prison 
sentence for raping a woman while on duty and threatening to kill her if she 
reported him. This woman and nearly a dozen of Stites' relatives have spoken up 
in defense of Reed and implicated Fennell as the real killer.

There is also ample evidence of New Jim Crow racism by the state: a police 
cover-up, inadequate defense and prosecutorial misconduct.

First, the cover-up. The polygraphs that Fennell failed were in late 1996, 
while Reed wasn't charged due to the DNA match until April 1997. In the 
intervening time, Fennell was not and still has not been treated as a real 
suspect - his apartment (the last place Stites was seen alive) was not 
searched; his truck (which Stites was dumped out of) was released to and 
promptly sold by Fennell, meaning a third party (such as Reed's defense) could 
never confirm its contents or test any DNA; the crime scene and important 
evidence were purposefully contaminated by police investigators; the friend of 
Fennell's, whose DNA was found near Stites' body, was also a police officer; 
and the police decided to officially dismiss Fennell as a suspect, stating that 
it would be logistically impossible for Fennell to have committed the crime, 
even though this depended on the baseless assumption that Fennell acted alone.

Next, Reed's defense was clearly inadequate - the court-appointed lawyers only 
called 2 of Reed's many willing witnesses and did not counter the prosecution's 
original medical testimony (from the examiner who later recanted his 
incrimination of Reed) with its own medical examiner.

Finally, the immense prosecutorial misconduct amounts to a cover-up in its own 
right. The prosecution withheld the crime scene DNA evidence from the defense, 
suppressed witness testimony that Fennell and Stites were arguing loudly the 
day before her death, suppressed Fennell's 1995 statement about strangling 
Stites if she was found cheating and used racist smears against Reed to sway 
the all-white jury, portraying him as a criminal for whom "it was inevitable 
that we would be here at some point."

Reed???s mother, Sandra Reed, has bravely fought for her son while enduring 
this injustice - the courts, meanwhile, continue to reject potentially 
exonerating DNA testing. She reflected with The New Abolitionist about her 
experience, anticipating the Black Lives Matter movement: "This proved to me 
that the United States has defrauded all of us. They painted this so-called 
justice system with rose colors and made us think that we would get a fair 
shake ... Looking back at Martin Luther King, how he fought for our 
rights--well, I thought we had our rights! But I realize now that we don't. We 
never had equality."

Those who are interested in getting involved in this struggle and preventing 
the imminent execution can join Reed's family at upcoming events, which can be 
found at justice4rodneyreed.org.

(source: Mukund Rathi is a computer science honors junior from Austin; The 
(Univ. Texas) Daily Texan)

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

New lead assistant DA has experience in capital murder, death penalty cases



A prosecutor recently hired by the 33rd/424th Judicial District Attorney will 
step into a newly created position, bringing years of experience in handling 
capital murder and death penalty cases as well as white collar crimes those 
against children, officials say.

Perry Thomas, 51, was formerly the assistant criminal district attorney in 
Jefferson County, which includes Beaumont and Port Arthur, where he worked for 
the past 23 years.

District Attorney Sonny McAfee hired him in February as the first assistant 
district attorney, overseeing a staff of 6 other assistant district attorneys.

Among Thomas' credits: being the lead prosecutor on one of the largest 
embezzlement cases in Jefferson County's history involving the theft of $1.4 
million from a Beaumont Pentecostal church connected to Hurricane Rita 
donations and the estate of a disabled individual.

"He's got the ability to evaluate a case and develop a trial strategy," McAfee 
said. "He's good in front of a jury. He knows the facts well."

Thomas' goals as chief prosecutor include advancing the use of technology in 
courtroom presentation, utilizing the latest scientific technology and 
reinforcing the effectiveness of the office???s prosecution unit handling 
crimes against children.

He hopes to complement an experienced staff.

"They're a fantastic group of men and women to be able to work with," Thomas 
said. "There's quite a bit of experience here as prosecutors and attorneys in 
general."

Officials expect to utilize Thomas' experience with murder cases soon and 
often.

The 33rd/424th - covering Blanco, Burnet, Llano and San Saba counties - has a 
number of capital murder and child victimization cases on the horizon as well 
as at least 1 potential death penalty trial.

"Perry has a lot of experience in trying all types of murder cases, capital 
murder cases and even death penalty cases," McAfee said. "Capital murder is 
different than a murder case. When trying those types of cases, trial strategy, 
presentation and jury selection are critical."

Upcoming cases include:

-- Garrett James Ballard, 21, charged with capital murder of multiple persons 
for allegedly gunning down 2 of his friends, 26-year-old Travis Fox and 
17-year-old Elijah Adam Benson, in August 2014, at Ballard's parents' residence 
in Burnet County. According to arrest documents, Ballard told investigators all 
3 were on hallucinogenic drugs (LSD) when the 2 alleged victims began 
demonstrating "strange and disruptive behaviors," so he retrieved a rifle from 
his father's vehicle and shot them.

-- Michael Len Grogg, 25, of Kingsland charged with the 1st-degree felony of 
serious injury to a child following the July 2013 death of a 19-month-old child 
airlifted to Dell Children's hospital after an emergency call regarding a 
toddler losing consciousness and having difficulty breathing. An autopsy 
revealed the child showed signs of abuse and suffered from swelling of the 
brain. Llano County Sheriff's Office investigators launched a probe into what 
they believed to be "suspicious circumstances" and arrested Grogg, the child's 
stepfather.

-- Juston Aaron Curbow, 35, of Horseshoe Bay faces 2 counts of capital murder 
by terror or threat and capital murder of multiple persons for his alleged role 
in the murder of 2 Spicewood residents in May 2013. Burnet County Sheriff's 
Office investigators found the bodies of Thomas Wells, 30, and Dorrina Reese, 
42, after firefighters responded to a fire call. 2 other people are connected 
to the case - one of whom committed suicide in the Burnet County Jail. Another 
suspect in the case, a woman, is accused of trying to help cover up the deaths. 
If convicted, Curbow could face the death penalty.

McAfee says he will use Thomas as a "sounding board" on the upcoming Cubow 
trial in April; however, he expects Thomas to launch into a lead position on 
pending capital murder cases.

"Those are the most complex and difficult criminal cases there are to try," 
Thomas said. "I hope to be able to help the other prosecutors to put the best 
case forward we can."

(source: dailytrib.com)








PENNSYLVANIA:

Pennsylvania suspends the death penalty



Pennsylvania Gov. Tom Wolf announced Friday that he had suspended the death 
penalty until he receives and reviews a report on capital punishment in the 
state.

"This moratorium is in no way an expression of sympathy for the guilty on death 
row, all of whom have been convicted of committing heinous crimes," Wolf said 
in a statement. "This decision is based on a flawed system that has been proven 
to be an endless cycle of court proceedings as well as ineffective, unjust, and 
expensive."

This announcement comes as the death penalty's use across the country has 
declined considerably in recent years, with executions and death sentences both 
dropping well below numbers seen in the last 2 decades.

Pennsylvania has not executed an inmate since 1999 and has carried out only 3 
executions since 1976, making it 1 of the least-active states with the death 
penalty. Yet the state also has 1 of the largest populations of death-row 
inmates. There are 186 people currently on death row in the state, the 
Pennsylvania Department of Corrections said, trailing only California, Florida, 
Texas and Alabama.

Some of Pennsylvania's inmates have been there for more than 3 decades. A 
series of governors have signed hundreds of death warrants over the last 3 
decades, and dozens of inmates have had their names on at least 3 of these 
warrants.

A similar situation has played out in California, which is home to the largest 
death row population in the country but has executed 13 people since 1976. Last 
year, a federal judge said the California system was unconstitutional, writing 
that it was "plagued by inordinate and unpredictable delay" due to the long, 
winding appeals process there.

The Pennsylvania State Senate established a task force and advisory commission 
on capital punishment in 2011, charging them with exploring whether there is 
bias or unfairness involved in the trials and sentencing, the potential risks 
of sentencing innocent people to death and whether the death penalty deters 
criminals or helps public safety.

Wolf said that the moratorium announced Friday "will remain in effect until 
this commission has produced its recommendation and all concerns are addressed 
satisfactorily."

He also said there have been 150 people exonerated from death row across the 
country, 6 of them in Pennsylvania. Last year, 6 people on death row in the 
United States were exonerated, according to a recent report from the National 
Registry of Exonerations.

Wolf said he will grant reprieves to every execution scheduled for the time 
being. This began on Friday, with Wolf issuing a temporary reprieve to Terrance 
Williams, who was scheduled for execution on March 4.

Pennsylvania has effectively formalized what has already become the status quo 
in that state, but it follows on the heels of similar movement nationwide. 
Washington state suspended the death penalty last year without officially 
banning it. Meanwhile, Maryland abolished capital punishment in 2013 and, last 
year, said the 4 inmates still on death row would have their death sentences 
lifted. There are currently 18 states without the death penalty, and 1/3 of 
them have banned the practice since 2007.

States around the country have been struggling to obtain the drugs needed to 
carry out lethal injections. Pennsylvania has not been immune to this, 
announcing last fall that it was postponing an execution because it did not 
have any lethal injection drugs. That came shortly after the American Civil 
Liberties Union in Pennsylvania filed a lawsuit on behalf of four media 
organizations demanding additional information regarding the lethal injection 
drugs the state planned to use.

Executions in Pennsylvania are supposed to be carried out using lethal 
injection at the State Correctional Institution Rockview, which is not far from 
Pennsylvania State University in State College.

More than 1/2 of the public supports capital punishment, but public support for 
the death penalty has fallen over the last 2 decades. Experts attribute this 
drop to the number of convictions that have been overturned through DNA 
evidence and other means.

(source: Washington Post)

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

Pennsylvania prosecutors slam governor on death penalty halt----Moratorium will 
prevent any executions until advisory panel's report



The Pennsylvania District Attorneys Association says Gov. Tom Wolf's moratorium 
on the death penalty in the state is a misuse of his power.

These people are all being held in Pennsylvania prisons while awaiting their 
execution dates for various murders.

The association responded Friday after the Democratic governor announced the 
policy and called the current system of capital punishment "error-prone, 
expensive and anything but infallible."

The prosecutors say Wolf's action ignores the law and imposes his personal 
views about the death penalty.

Pennsylvania has 183 men and 3 women on death row.

The state has only executed three people since the U.S. Supreme Court restored 
the death penalty in 1976, the last one in 1999.

All 3 had voluntarily given up their appeals.

(source: WTAE news)








GEORGIA----impending female execution

Georgia's Only Woman On Death Row To Be Executed This Month



Georgia's only female death row inmate is slated for execution by the end of 
this month. Kelly Gissendaner has been an inmate of Georgia Department of 
Corrections for over 17 years but was given the death penalty in 2008 for her 
role in the murder of her husband. The Huffington Post reports that she will be 
the 1st woman executed in the state of Georgia since the year 1945. That is, of 
course, if her execution happens and she's not pardoned at the 11th hour.

Gissendaner reportedly conspired with a lover in 1997, convincing the man to 
commit the murder of her husband, Doug Gissendaner. Her boyfriend, Gregory 
Owen, stabbed the man to death and then staged the crime scene to look like a 
robbery gone wrong by taking the man's wedding ring and watch. The plot, 
masterminded by Kelly Gissendaner, was supposed to result in the lovers 
collecting on the victim's life insurance policies. Owen ultimately turned on 
Kelly and testified against her in court, which spared him the death penalty 
but ended in her being put on death row. She's spent the past several years in 
prison, and even has a personal ad looking for pen pals on a popular prison pen 
pal website.

The last female death row inmate to be executed in Georgia was a black woman 
named Lena Baker, who was convicted by an all-white jury in the shooting of her 
employer with his own gun. In 2005, the state tried to redeem itself by finally 
admitting that the woman had acted in self-defense. NPR reports that Lena Baker 
worked as a maid before her conviction, but shot her employer when he attacked 
her.

Aside from Georgia, there are approximately 59 women on death row in the United 
States. Even though that's only a little over 1 % of prison inmates in the 
country, many of the women are players in high-profile cases, such as Wendi 
Andriano, who murdered her terminally ill husband in Arizona, Cynthia Coffman, 
who killed at least 4 women with her boyfriend, and Linda Carty, who famously 
kidnapped and murdered a young woman so she could steal her baby. It should be 
noted that of the women on death row in the U.S., only 15 of them have been 
executed since the 1970s.

(source: inquisitr.com)








ALABAMA----impending execution

Federal appeals court paves way for Tommy Arthur execution Feb. 19



A federal appeals court Thursday paved the way for the execution of Alabama 
death row inmate Tommy Arthur next week for the contract killing of a Muscle 
Shoals man in 1982.

But the court also said Arthur might still have other legal moves available to 
stave off - for a 6th time - his execution.

"Nothing herein precludes Mr. Arthur from seeking an injunction or restraining 
order as to the February 19, 2015, execution, but such motion should be filed 
and considered by the district court in the 1st instance pursuant to the 
Federal Rules of Civil Procedure," according to today's ruling by the 11th 
Circuit. "Thereafter, and if necessary, the parties may move for relief in this 
Court pursuant to the Federal Rules of Appellate Procedure."

Last year Alabama changed its lethal injection protocol, switching from the use 
of pentobarbital to midazolam as the 1st drug in the 3-drug protocol that also 
included pancuronium bromide and potassium chloride.

After the state changed the drug protocol, it asked for another execution date, 
which the Alabama Supreme Court granted and set for Feb. 19.

However, on Jan. 5, U.S. District Judge W. Keith Watkins in Montgomery ruled 
that the 11th Circuit's stay that had postponed Arthur's March 2012 execution, 
due to his challenge of the drug protocol, was still in effect. That federal 
judge also allowed Arthur to amend his lawsuit to claim midazolam is also a 
constitution violation.

On Thursday the 11th Circuit ruled that its stay of the March 2012 execution 
was not a general stay that was to continue past that time. To clarify any 
confusion, however, the 11th Circuit withdrew that stay.

Arthur was first convicted of capital murder in 1983 in the death of Troy 
Wicker of Muscle Shoals. That conviction and a 2nd conviction were overturned. 
He was convicted a 3rd time in 1991 and that conviction was upheld.

(source: al.com)








MISSISSIPPI:

Miss. House passes bill mandating execution secrecy



Mississippi lawmakers would not only make details surrounding state executions 
secret, but allow anyone who discloses details to be sued for money.

House Bill 1305, sponsored by Democrat Kimberly Campbell of Jackson, would 
provide that the names of the executioner and any helpers would be exempt from 
public disclosure, as well as the identity of the supplier of execution drugs.

The House passed the bill 82-34, sending it to the Senate for more work.

Opponents of the death penalty have been trying to limit states' ability to 
execute by finding out the names of drug suppliers and pressuring them.

Last year, lawyers challenged the use of drugs from a compounding pharmacy in 
Grenada. Nationwide, concerns have been raised about botched executions because 
of novel drug combinations.

(source: Associated Press)

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

Death row inmate Willie Jerome Manning wins new trial in killing of Starkville 
women



A Mississippi death row inmate has won a new trial after the state Supreme 
Court found police investigators withheld evidence from prosecutors and defense 
attorneys that showed a key state witness lied.

Willie Jerome Manning was sentenced to death in the 1993 slayings of 
90-year-old Emmoline Jimmerson and her daughter, 60-year-old Alberta Jordan. 
Police and prosecutors say the women were beaten and had their throats slashed.

Manning's attorneys argued the conviction should be overturned because of 
questions about a witness who put Manning at the scene.

The state Supreme Court, in a 7-2 decision, says notes from when police knocked 
on doors at the complex showed the apartment where the witness claimed to live 
was vacant at the time of the shooting. The court says police withheld that 
information.

(source: Associated Press)

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

Another trial for Willie Manning----One of Mississippi's perennial capital 
cases goes down for another trial.



This appeal stems from Manning's conviction of brutally murdering 2 elderly 
women in Starkville, Mississippi. The only witness to testify that he saw 
Manning entering the women's apartment shortly before their bodies were 
discovered was Kevin Lucious, a convict serving 2 life sentences without parole 
in Missouri.

"This leads us to Manning's claim that the State violated his due-process 
rights when it failed to provide favorable, material evidence, upon request. A 
canvass of all residents of Brooksville Gardens Apartments was initiated and 
conducted by the Starkville Police Department during its investigation. Index 
cards recording the results of the canvass were completed and maintained by the 
Starkville Police Department. An entry on the cards reveals that the apartment 
from which Lucious testified he observed Manning enter the victims' apartment 
was vacant at the time of the crime, and neither Lucious nor his girlfriend 
Jones was listed as a resident of any of the apartments canvassed.

These cards were kept by the Starkville police department but were never 
disclosed to Manning's counsel. Presiding Justice Randolph, writing for the 
Court, has no problem finding a Brady violation:

"The defense attorneys testified that the receipt of this favorable, material 
evidence would have altered their defense. There is no question that defense 
counsel would have had the opportunity to meaningfully impeach Lucious's 
testimony that he lived in the apartment at the time of the crime and saw 
Manning enter the victims' apartment. Any attorney worth his salt would 
salivate at impeaching the State's key witness using evidence obtained by the 
Starkville Police Department.

Yes indeed. Justice Chandler (joined by Pierce) disagrees:

"Lucious was known to frequent Brooksville Gardens at the time of the murders, 
and no one disputes his frequent presence there prior to the official start of 
his girlfriend's lease: hanging out with the Mannings, buying beer from Dera 
Mae, and, I submit, likely squatting or at least spending time in the vacant 
apartment on which his girlfriend was about to sign a lease.

So, apparently, the proposed standard of review is that if a justice on appeal 
can imagine a scenario that might have persuaded the jury to convict, then no 
Brady violation. The majority instead will let the jury decide what it thinks 
of this scenario.

(source: The Blogged Anderson)








OHIO:

Judge throws out 1985 murder conviction of death row inmate Anthony Apanovitch; 
prosecutor plans to appeal



A Cuyahoga County judge Thursday threw out the 1985 murder conviction of death 
row inmate Anthony Apanovitch based on DNA evidence, and ordered a new trial 
into the slaying of Mary Anne Flynn.

Common Pleas Judge Robert McClelland also acquitted Apanovitch, now 59, of 1 
count of rape and dismissed another count of rape. McClelland ordered 
Apanovitch to be released on $100,000 personal bond, pending the new trial.

Based on the decisions involving the rape allegations, the new trial would 
focus solely on the charges of aggravated murder and aggravated burglary.

County Prosecutor Timothy J. McGinty said his office will seek to block the 
judge's ruling and keep Apanovitch behind bars. McGinty said he will take the 
case to the Ohio 8th District Court of Appeals.

"Setting a personal bond -- which means the defendant doesn't have to post a 
dime -- on someone charged with aggravated murder, aggravated burglary, and 2 
counts of rape is unprecedented in the history of this courthouse," McGinty 
said.

"These shockingly and disturbingly brutal crimes were proved. This is hardly a 
crime meriting personal bond, which endangers the safety of the public. Worse 
yet, Apanovitch committed these crimes while on probation for a sexual assault, 
and he also had been to prison for aggravated robbery."

In his 9-page ruling, McClelland cited a hearing in October in which experts 
testified about the DNA in the case.

"The evidence at the hearing is substantially different than at the original 
trial, and the earlier decision is, at least in part, clearly erroneous and 
would work a manifest injustice."

The judge said a suspect's DNA was found in two places in Flynn's body. One 
sample did not contain enough material for a valid result, according to 
McClelland's ruling.

The judge said Apanovitch's expert, Dr. Richard Staub, stressed that the other 
sample excluded him.

McGinty disputed that. His office said initial DNA tests proved that Apanovitch 
was the killer. A subsequent test was inconclusive.

"Since his conviction, DNA testing was perfected and proved that the jury was 
absolutely right all along by the odds of 1 in 285 million Caucasians that 
Apanovitch committed these crimes," the prosecutor said.

Mark DeVan, one of the attorneys who represents Apanovitch, hailed the 
decision. He said Apanovitch will not simply walk out of prison. He said a 
suitable place for him to live would have to be found, and he would have 
electronic monitoring.

"Mr. Apanovitch is grateful the court reviewed the evidence and granted him a 
new trial,'' DeVan said. "He has maintained his innocence for 30 years."

Attorneys from Crowell and Moring, a Washington, D.C., firm that also 
represents Apanovitch, could not be reached.

Prosecutors said Apanovitch raped, beat and strangled Flynn, a 33-year-old 
nurse-midwife, on Aug. 24, 1984 in Cleveland. Authorities said the attack took 
place at her Archwood Avenue home, which she had hired Apanovitch to paint. 
Witnesses testified he intimidated and lusted after her, and he gave police 
conflicting statements.

But the issue has gained a great deal of publicity over the years. It took off 
when Ohio Supreme Court Justice Craig Wright wrote to the state parole board in 
1996, saying he had changed his mind about the case and believed that 
Apanovitch's sentence should be reduced to life imprisonment. Wright had been 
the author of the 4-3 opinion upholding Apanovitch's conviction and death 
sentence.

"I'm pretty numb right now,'' said Martin Flynn of Shaker Heights, Mary Anne's 
older brother. "I'm stunned by the whole thing. I didn't see it coming. Every 
time something like this comes up, we get dragged right back into it. I still 
have the knot in my stomach that I had when I found my sister's body. This is a 
nightmare that you can't wake up from.''

McGinty agreed: "Death penalty cases have been subjected to ridiculous levels 
of scrutiny, creating decades of absurd delay at the cost of millions of 
dollars and countless hours of agony and frustration for families of victims 
who have not received the justice they deserve.

"We have been fighting for Mary Anne and her family for 30 years, have won 
appeal after appeal, and will continue to do so. This is only a temporary 
setback."?

(source: cleveland.com)

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

Prosecutors detail gruesome discovery of Tallmadge mother and son's remains 
during opening of man's death penalty trial



Wendy Ralston expressed regrets about allowing her ex-boyfriend and the father 
of her son to live with her after he lost his job and was evicted from his 
home.

She tried to get police to force Daniel Tighe out of her home. She took videos 
of him yelling at her and their 5-year-old son, Peyton, to show police the next 
time she called them during a fight.

In mid-July 2013, Tighe, 41, killed them both and dumped their bodies in the 
woods behind their Tallmadge home, prosecutors said Thursday during opening 
statements at Tighe's trial in Summit County Common Pleas Court.

Testimony is expected to begin Thursday afternoon in the case that could 
continue for more than 2 weeks.

Defense attorney Brian Pierce told the 7-woman, 5-man jury that prosecutors 
have no direct evidence that links Tighe to the murders. He also said police 
investigators failed to pursue other suspects in the case, including several 
men she met online.

"Wendy had numerous relationships that were unhealthy," Pierce said. "She was 
tragically murdered. We're not trying to disparage her character but she did 
things that put her and her son in danger."

Rocky relationship

Prosecutors and defense attorneys found common ground on 1 fact: The 
relationship of Ralston and Tighe was rocky from the time they met in 2003. 
They had an on-and-off relationship and had Peyton in 2007.

Tighe moved in with the mother and son in 2012 when he was evicted from his 
home after losing his job at a car repair and customization shop.

Ralston and Tighe fought constantly, according to attorneys on both sides. 
Police were called to the home several times to mediate domestic disputes, but 
none of those visits ever ended in arrests.

Both filmed each other during their fights, including once when Peyton said he 
wanted to throw his stuffed animal at his father, Assistant Summit County 
Prosecutor Kevin Mayer said.

Mayer said during one of the fights that was recorded, Tighe can be heard 
telling Wendy and Peyton Ralston that they were "the worst things to have 
happened in his life."

Most of their disagreements stemmed from Wendy Ralston's frustration that Tighe 
didn't contribute to the house while she struggled to pay bills, Mayer said. 
She was behind on her car payments and an eviction notice was filed against her 
shortly before she was killed.

Ralston's mother became suspicious when her 33-year-old daughter missed an 
eviction hearing in Stow Municipal Court. Marie Ralston called police to report 
that her daughter was missing.

Tighe disputes disappearance

Tighe gave investigators several different accounts of why Wendy and Peyton 
went missing, Mayer told the jury.

He said they went on vacation by themselves in the middle of the night. He said 
that a man picked them up and took them on vacation. He said that she went 
camping with their grandmother.

Convinced that her daughter's disappearance was more suspicious, Marie Ralston 
ventured into the woods behind her daughter's home and found a bundle of 
blankets covered in insects, Mayer said. She called police.

Tallmadge officers and agents with the Ohio Bureau of Criminal Investigation 
found the decomposed remains of Peyton Ralston next to 3 stuffed animals -- 
including 1 that he once threatened to throw at his father out of frustration 
during a fight Tighe had with his mother, Mayer said.

A a child's juice drink was found nearby. Forensic examiners later found that 
the boy had a chipped tooth, prosecutors said.

Wendy Ralston's remains were found nearby. She was wrapped in sheets and a 
comforter bound with electrical tape. Forensic analysis found she suffered a 
broken throat bone, Mayer said.

Their decomposing bodies remained in the woods for about 3 weeks between July 
and August 2013. The heat coupled with the decomposition meant investigators 
were unable to determine exactly how they were killed, prosecutors said.

Investigators also believe that Tighe moved the bodies after a neighbor 
complained about an unknown smell in the backyard.

(source: cleveland.com)