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January 25, 2019 By Hannah Kubbins

Governor DeWine Issues Reprieve, Postpones Execution

FOR IMMEDIATE RELEASE

Contact:          Hannah Kubbins, hkubbins@otse.org

 

GOVERNOR DEWINE ISSUES REPRIEVE, POSTPONES EXECUTION

COLUMBUS, OH—January 25, 2019—Governor Mike DeWine today issued a reprieve to Warren K. “Keith” Henness, who was scheduled to be executed February 13, 2019. Mr. Henness’ execution date was postponed until September 12, 2019.

Attorneys representing Mr. Henness issued a statement saying:

“Today, Governor DeWine granted Warren Keith Henness a reprieve from his February 13 execution date. The evidence presented in the federal court hearing made clear that moving forward under the current lethal injection protocol would subject Mr. Henness to needless pain and suffering, in direct violation of his rights under state law and the state and federal constitutions. We commend Governor DeWine for his leadership and for ensuring the justice system operates humanely in Ohio.”

– David Stebbins, Attorney for Mr. Henness and Supervising Assistant Federal Public Defender, Southern District of Ohio

– January 25, 2019

The Reprieve Order can be accessed here: https://tinyurl.com/y9up9zfn

The first death penalty case handled by the new governor, according to the clemency documents reviewed by the Ohio Parole Board, was riddled with problems including ineffective defense counsel, lingering doubt as to the true role of co-defendants, forensic evidence destroyed by investigators after the trial, and Henness’ exceptionally good prison behavior.

Rev. Dr. Jack Sullivan, Jr., chairman of the board of directors of Ohioans to Stop Executions said, “Governor DeWine’s decision is very thoughtful and the right one. Given what is known about the death penalty and how unfairly it is administered, we hope the legislature will now act on reforms that have languished for years.”

“What’s most important for us today is that we keep the families of Richard Myers and Keith Henness in our thoughts and prayers,” Rev. Sullivan said. “Secondarily, the legislature needs to do its job fixing what we know is broken.”

 

 

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Filed Under: Press Releases

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RECOMMENDATION 52

Adoption of a rule directing that the trial judge is the appropriate authority for the appointment of experts for indigent defendants. The rule should further provide that the decision pertaining to the appointment of experts shall be made, on the record, at one of the prescribed Pre-Trial Conferences.

If defense counsel requests, the demand for appointment of the expert shall be made in-camera ex parte, and the order concerning the appointment shall be under seal.

Upon establishing counsels’ respective compliance with discovery obligations, the question of the appointment of experts (including determination of projected expert fees based upon analysis of expert’s time to be applied to the case as well as consideration of incremental payment of expert fees as case progresses) would be decided by the court, which decision would be subject to immediate appeal, under seal, to the appropriate Court of Appeals. The trial court judge shall make written findings as to the basis for any denial. Although concerns have been raised as to the ability of the Appellate Court to provide the anticipated, necessary expedited hearing within a reasonable time-frame, the Joint Task Force suggests that this issue be elevated to the status of a final appealable order and that the necessary expedited appellate process be spelled out in the statute.

RECOMMENDATION 54

Should the present process of appointment of indigent counsel by the judiciary continue, the main objective should always be to assure the best educationally experienced and qualified candidate, who is available (within the county or outside the county), and who is otherwise willing to take on the responsibilities associated with the case for an appropriate fee and accompanying expenses, is appointed. A uniform fee schedule for such services across the State of Ohio must be a necessary consideration to assure the equal protection and due process for the accused in a capital case.

RECOMMENDATION 55

Adoption of reporting standards to provide complete transparency of record, including requirements to ensure better record keeping by the trial judge and the provision of additional, detailed resource information necessary to assure strict compliance with due process, which information shall be submitted to the Supreme Court upon completion of the case. Such resource information may include unique Constitutional issues, unique evidentiary issues, significant motions, plea rationale, pre-sentence investigation, and any additional information required by the Rule 20 Committee or the Supreme Court of Ohio. Additional types of resource information could be developed as part of the mandated educational process conducted by the Ohio Judicial College.

RECOMMENDATION 56

The Joint Task Force believes that some of the recommendations above could be accomplished by the adoption of a separate Criminal Rule for Capital Cases. The Joint Task Force recommends that such a rule be adopted and provide for the mandatory training of attorneys and judges (Recommendation 49), the selection and appointment of indigent counsel in capital cases (Recommendation 51), and the enforcement of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and the Supplementary Guidelines for the Mitigation Function of Defense Teams (Recommendations 11 and 12).

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