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August 30, 2017 By OTSE Staff

OTSE Statement on new Fair Sentencing Project Report

With the release of a new report from Harvard University’s Fair Punishment Project examining various factors impacting the 26 Ohio prisoners currently scheduled for execution, Ohioans to Stop Executions executive director Kevin Werner issued the following statement. Mr. Werner is available for further comment at 614-981-3148. See the new report here: http://fairpunishment.org/

“This report is shocking but not surprising. It demonstrates how far off the rails Ohio’s death penalty has veered. There is a fundamental morality problem when Ohio reserves execution for those with the lowest intellectual functioning, with the most troubling histories of childhood abuse, and for individuals with mental illnesses.

“When 88% of the scheduled executions have documented evidence of intellectual disability, horrific childhood abuse and mental illness, there is no defensible position that we’re getting the death penalty system right in Ohio. This is the clearest evidence we’ve seen that death is reserved for the most vulnerable Ohioans.

“Ohioans to Stop Executions represents the voices of millions of Ohioans who believe we can protect society and hold dangerous criminals accountable without executions. We reiterate our call to end executions in Ohio and we urge that the millions of dollars saved be used to provide better supports for murder victim families, and better measures to prevent violent crime in the first place.

“If executions are to continue, then Governor Kasich and the legislature must work to implement the recommendations of the Supreme Court Joint Task Force on the Administration of Ohio’s Death Penalty to ensure that the system is fair, accurate, and does not target the most vulnerable of Ohio’s citizens.”

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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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