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  • About Us
    • Mission & History
    • Board & Staff
    • Contact OTSE
  • Take Action
    • Join OTSE
    • Donate
    • Upcoming Events
    • Host an Event
    • Open Letter from Ohio’s Faith Leaders
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  • Resources
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News

September 16, 2020

CINCINNATI IS AN EPICENTER FOR THE DEATH PENALTY. ITS PROSECUTOR RACE COULD END THAT IN NOVEMBER.

In Hamilton County, Joe Deters has sent more people to death row than any other prosecutor in Ohio. His challenger, Fanon Rucker, promises to stop that practice. Read more here.

September 16, 2020

Robert DuBoise Officially Exonerated from Murder Charge After Nearly 37 Years

(September 14, 2020 — Tampa, Florida) Today, Robert DuBoise was exonerated from all charges in the 1983 rape and murder of a young woman in Tampa, Florida. DuBoise was released from prison on Aug. 27 after new DNA testing on evidence from the victim’s rape kit that was thought to have been destroyed, excluded him as the […]

August 4, 2020

23 Ohio death row inmates test positive for COVID-19

COLUMBUS, Ohio (AP) — More than 20 Ohio death row inmates have tested positive for COVID-19 in an outbreak flaring up just this past week, The Associated Press has learned. Read more here.

July 3, 2020

The U.S. is Set to Execute a Man with Schizophrenia and Alzheimer’s. He Won’t Even Know Why | Opinion

On July 15, the federal government plans to execute Wesley Purkey, a 68-year-old man with multiple brain disorders, including Alzheimer’s disease and schizophrenia. The law is clear. Under the Constitution, an execution can only be carried out when the prisoner understands why he is being executed. Read more here.

July 2, 2020

American conservatives are pushing for the repeal of the death penalty

The federal government’s enthusiasm for executions is at odds with many Republican-led states. Read more here.

June 25, 2020

Column: Begin reform of justice system by ending racist, expensive death penalty

As Ohio grapples with the dual challenges of racial injustice and the COVID-19 epidemic, lawmakers should look no further than the state’s death penalty if they want to address systemic justice issues, as well as the state budget crunch. Read more here.

May 14, 2020

Prosecutors Wield Too Much Influence in System

One of the least visible and most powerful actors in our entire system is the prosecutor — often referred to as a district attorney or the DA. They decide what cases take precedence, which crimes to charge, and what sentences to pursue — including, in 25 states, whether or not to seek the death penalty. […]

March 5, 2020

Death penalty: road to repeal

COLUMBUS, Ohio — A group of conservative lawmakers and stakeholders took to the podium on Tuesday with a common plea — stop executions in our state. Their reasons for wanting the death penalty out of Ohio range from theological, to moral, to financial It costs Ohio an estimated $1 million to try a death penalty case […]

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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).