Ohio Death Penalty Information

Some Christopher Newton information:  There are presently no appeals underway for Ohio death row inmate Christopher Newton, whose execution is scheduled for May 24.  As noted earlier (here), Newton waived further appeals available to him, and although no clemency statement has been issued yet by Governor Strickland, his execution should be considered imminent.

In addition to earlier information posted on Mr. Newton, this past appeal (94-page Word doc.) made on his behalf to the Ohio Supreme Court provides comprehensive information about his case - including his well-documented serious mental illness, his failure to understand the consequences of waiving his right to a jury trial, the poor legal performance of the three-judge panel who oversaw his trial and sentencing, and the numerous examples of inappropriate prosecutorial conduct during the sentencing proceeding that went unchallenged by defense counsel.  (It also lays out a very good argument that Ohio's death penalty statute is unconstitutional, based on the growing body of evidence indicating its arbitrary and discriminatory application in Ohio.)

(More information on Christopher Newton is here.)

Plain Dealer examines conduct of ex-prosecutor Carmen Marino in several Cuyahoga County death penalty cases

The Cleveland Plain Dealer has three articles in its Sunday edition examining the conduct of ex-Cuyahoga County Prosecutor Carmen Marino in securing death sentences in several cases - most notably those of Gregory Lott and Joe D'Ambrosio.  Links and excerpts from the articles are in the three following posts...

Mike Tobin and Bob Paynter have this article in the Cleveland Plain Dealer, entitled "Justice served, or justice derailed: Courts blast ex-prosecutor's actions; three may be wrongly on death row."

Mike Tobin has this detailed article on the Joe D'Ambrosio case in the Cleveland Plain Dealer, entitled "Defense didn't get all the facts in murder case."

Excerpt:
The man who pointed police to Joe D'Ambrosio and Tom Keenan 18 years ago for the murder of Tony Klann had a motive himself for killing the Cleveland teen, according to a federal judge. But lawyers for the two men were never told.

And an "eyewitness" - who took a plea bargain and then testified how D'Ambrosio and Keenan slashed Klann's throat and stabbed him - described a scenario that is contradicted by police conclusions that were never disclosed to defense lawyers.

Those and other facts were concealed from the defense by former Cuyahoga County Prosecutor Carmen Marino, according to U.S. District Judge Kathleen O'Malley, who ordered a new trial for death-row inmate D'Ambrosio in March."

Jones Day law firm has this press release on the recent 6th Circuit Ct of Appeals ruling throwing out the conviction and death sentence of its pro bono client Joseph D'Ambrosio. (Earlier coverage of the D'Ambrosio ruling is here.)

USSC refuses to reconsider Lott confidentiality ruling

The US Supreme Ct today ruled in favor of Ohio death row inmate Gregory Lott in his attempt to keep defense files confidential as he tries to have his murder conviction overturned.  The court refused to reconsider an earlier ruling by the US 6th Circuit Ct of Appeals denying access to the files by prosecutors.  The case now heads back to US District Ct Judge Kathleen O'Malley's courtroom for another look at yet another case (along with that of Joe D'Ambrosio) involving possible prosecutorial misconduct by ex-Cuyahoga County Prosecutor Carmen Marino.  AP has this.  Today's USSC orders list is here.

AP has additional coveage of the D'Ambrosio ruling here.  (This AP story was carried in several Ohio newspapers on Sunday.)

NEW TRIAL ORDERED FOR JOE D'AMBROSIO

US District Ct Judge Kathleen O'Malley has ordered a new trial for Ohio death row inmate Joe D'Ambrosio.  Based mainly on D'Ambrosio's Brady claims (and not on the actual innocence and other bases of appeal), the order requires that D'Ambrosio be retried or released within six months - subject to expected appeals of the order by the Ohio Attorney General.  The Cleveland Plain Dealer has this report.  Link to orders and judgement here and here.  (May not be accessible w/o pacer access at this time.)

Excerpt from court docket:

Memorandum and Order. D'Ambrosio's petition for a writ of habeas corpus (Related doc # 22) is GRANTED. Accordingly, the Court issues a writ of habeas corpus as follows. The Respondent shall either: (1) set aside D'Ambrosio's conviction and sentence of death; or (2) conduct another trial. This shall be done within 180 days from the effective date of this Order. On this Court's own motion, execution of this Order and, hence, its effective date, is stayed pending appeal by the parties. The Court issues a Certificate of Appealability on some, but not all of the issues raised in D'Ambrosio's Petition. Signed by Judge Kathleen M. O'Malley on 3/24/2006. (H, C) (Entered: 03/24/2006)