Ohio Supreme Court upholds Donna Roberts conviction / vacates death sentence

The Ohio Supreme Court today upheld the conviction of Ohio death row inmate Donna Roberts, but voted unanimously to vacate her death sentence because of improper involvement of the Trumbull County Prosecutor in preparing materials for the trial judge during sentencing proceedings.  The case is remanded back to the Trumbull Cty Common Pleas Court for a new sentencing proceeding.

Excerpt from opinion/summary (Justice O'Connor):
“Our prior decisions have stressed the crucial role of the trial court's sentencing opinion in evaluating all of the evidence, including mitigation evidence, and in carefully weighing the specified aggravating circumstances against the mitigating evidence in determining the appropriateness of  the death penalty,”

“In this case, our confidence in the trial court's sentencing opinion is undermined by the fact that the trial judge directly involved the prosecutor in preparing the sentencing opinion and did so on an ex parte basis. … The trial court's delegation of any degree of responsibility in this sentencing opinion does not comply with R.C. 2929.03(F). Nor does it comport with our firm belief that the consideration and imposition of death are the most solemn of all the duties that are imposed on a judge. … The scales of justice may not be weighted even slightly by one with an interest in the ultimate outcome,” she wrote.

Court opinion here (35-page pdf).  Case summary here (1-page text).

Comments

[Moe Levine]

what a farce---the court finds the trial court unethical,in violation of the canons, and then remands back to the same judge

[Pamela Hilligoss]

im so glad someone came to listen to Donna.I only wish i HAD GOTTEN TO MET HER ATTORNEY .there is alot more to her storythat people need to know about how robert fingerhut was with her and the public.I used to work for them in warren,oh at the greyhound bus terminal,he was not an inconcent person...I only hope someone comes to Donnas behalf she deserves it.....