Thursday, August 27, 1998
Ohio's attorney general asked a federal court Wednesday to ignore a family request and free the state to execute Wilford Lee Berry Jr.
Mr. Berry, 35, is known as "The Volunteer" because he has said he would rather die than spend his life in prison for killing his employer, Cleveland baker Charles Mitroff, in a 1989 robbery. The Ohio Supreme Court has ruled that Mr. Berry is mentally competent to choose to die. His mother and sister say he is too mentally ill to make that decision.
The immediate issue is whether a stay of execution from the U.S. Court of Appeals for the 6th Circuit in Cincinnati will remain in effect while Mr. Berry's family appeals to the U.S. Supreme Court. That depends on whether the appeals court issues its formal mandate, saying it will not intervene. A decision is expected by Friday afternoon.
The family and public defenders have asked the 6th Circuit to withhold the mandate -- which would implement its ruling, and allow the state to execute Mr. Berry -- until the U.S. Supreme Court decides whether to hear their arguments on Mr. Berry's competence.
The state says there is no justification for any delay.
Meanwhile, Mr. Berry is in no immediate danger of death. If the Supreme Court agrees to hear his appeal, it can reimpose a stay.
No gag order on inmate interviews
Hamilton County sheriff's deputies were searching Wednesday for two men who allegedly stole a diamond ring from Helzberg Diamonds in the Kenwood Towne Center.
The theft occurred at 4:25 p.m. at the store at 7875 Montgomery Road. Two men entered the store, distracted several employees and removed the ring from its display. They then replaced the ring with an imitation diamond ring and left the store.
The suspects were described as in their late 20s to 30s, wearing T-shirts and bluejeans.
Howard accused of electioneering
COLUMBUS -- Democrats charged Wednesday that state Sen. Janet Howard is using the sensitive issue of private prisons to raise her profile in her re-election campaign.
Ms. Howard, a Cincinnati Republican, testified before the Senate Judiciary Committee about a bill she has introduced to place new limits on prison operations. She said if her bill becomes law, escapes such as the one at a private prison in Youngstown on July 25 would stop. Six inmates from Washington, D.C., escaped and one remains at large.
Her testimony brought partisan bickering between Sen. Jeffrey Johnson, who accused Ms. Howard of grabbing an issue for her re-election campaign, and committee Republicans, who insisted the bill was a legitimate attempt to tighten security at prisons.
Ms. Howard's bill would require all prisons to immediately inform local law enforcement officials of an escape. Failure to do so would be a fourth-degree misdemeanor. It also would prohibit inmates from wearing street clothes and keep out of private prisons inmates with histories of violent behavior toward other prisoners or guards.
Court to rule on alleged gunman's statements
A judge is expected to rule this morning whether to admit statements by the accused hired gunman in the aggravated murder trial of Ahmad Fawzi Issa.
Mr. Issa, 28, is accused of arranging the shooting death of Maher Khrais, 35, a Westwood grocer. The grocer's brother Ziad Khreis, 49, was also killed during the Nov. 22 shootings. Mr. Issa may face the death sentence if convicted.
His trial continued Wednesday in the courtroom of Judge David Davis of Hamilton County Common Pleas Court, with a hearing on whether to allow the statements, which implicate Mr. Issa, to be heard by the jury. The accused gunman, Andre Miles of Winton Place, who faces trial himself on aggravated murder charges, was deemed unavailable to testify.
According to hearing testimony, Mr. Miles' statement taped by Cincinnati police tells how Mr. Issa hired Mr. Miles and supplied the gun used in the shooting deaths.
New school moving to bigger location
An unexpected surge of students has prompted Harmony Community School Center -- one of two community schools set to open next month in Hamilton County -- to move from Avondale to Bond Hill.
The school will enroll about 175 students in grades 6-11 -- about 75 more than founder David Nordyke anticipated -- in a suite in the Swifton Commons shopping center.
Classes will start Sept. 16. The school will accept new students until Sept. 10, although spaces are limited. Call 761-9700.
Another community school -- Oak Tree Montessori -- will open in the Anna Louise Inn downtown on Tuesday.
