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  • About Us
    • Mission & History
    • Board & Staff
    • Contact OTSE
  • Take Action
    • Join OTSE
    • Volunteer with OTSE!
    • OHIOANS TO STOP EXECUTIONS: THE PUSH FOR ABOLISHING THE DEATH PENALTY
    • Donate
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    • Open Letter from Ohio’s Faith Leaders
    • Host an Event
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Sign-on Letter to End Ohio’s Penalty for Murder Victims’ Families

We are individuals and families who have lost loved ones to murder. At a moment none of us could have predicted or prepared for tragedy robbed from us children, parents, spouses, brothers and sisters, and other family members. Our direct experiences with the criminal legal system and struggling with grief have led us all to the same conclusion: Ohio’s death penalty fails victims’ families.

We never asked to be in this position, and would do anything to change it. Nothing can erase the loss that a senseless act of violence brought into our lives. We can honor the memory of our loved ones and other families who may face tragedy by working for effective responses to violence.

The reality of the death penalty is that it drags out the legal process for decades. In Ohio, the death penalty is a false promise that goes unfulfilled, leaving victims’ families frustrated and angry after years of fighting the legal system. Victims’ families in capital cases go back to court for years on end where the press replays the details of the crime again and again. The result is that the defendant is turned into a celebrity while the victim’s family waits for a punishment that never comes. This system burdens the vast majority of cases that don’t result in a death sentence.  And as the state hangs onto this broken system, it wastes millions of dollars that could go toward much needed victims’ services.

Ohio’s victim compensation fund provided economic assistance in 313 homicide cases two years ago, only 3.23% of the applications it accepts. This means Ohio ranks 46th out of the 50 states and the District of Columbia in providing victim family members with economic support. Instead of spending millions on our ineffective, racist capital punishment system, Ohio needs to prioritize supporting all impacted by violence.

Further, the death penalty is said to be reserved for “particularly heinous murders.” We have difficulty understanding this position. The implication is that other murders are ordinary and do not merit the death penalty. From experience, we can tell you that every murder is heinous, a tragedy for the lost one’s family. The death penalty has the effect of elevating certain victims’ families above others. Ohio should be better than that.

As lawmakers consider whether to keep or end Ohio’s death penalty, they truly face a life or death decision. It deserves careful consideration and consultation from the primary stakeholders in the state’s system of capital punishment. We urge our lawmakers to make the choice that best serves the interests of victims’ families. We urge them to repeal Ohio’s death penalty.

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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).