Sunday, February 14, 1999
Berry case timeline
The legal maneuvering in the Berry case — focused almost exclusively on whether he is competent to waive appeals — underscores why it takes so long to execute someone in Ohio.
Nov. 30, 1989: Wilford Berry kills his employer, baker Charles Mitroff Jr., during a robbery in Cleveland. Arrested a few days later in Kenton County driving Mr. Mitroff's van.
Aug. 13, 1990: Mr. Berry convicted of aggravated murder and sentenced to death.
April 1991: Mr. Berry refused to meet with public defender's office after it was appointed to represent him in appeals.
Oct. 21, 1993: State appeals court upholds conviction and death sentence.
June 28, 1995: Ohio Supreme Court upholds conviction and sentence. Mr. Berry wants no further appeals.
Sept. 12, 1995: Ohio attorney general's office asks Ohio Supreme Court to appoint psychiatrist to evaluate Mr. Berry's competence to waive further appeals.
June 22, 1997: After three days of hearings, trial judge determines Mr. Berry was competent to waive appeals.
Sept. 5, 1997: Mr. Berry suffers head and face injuries in beating by other inmates.
Dec. 3, 1997: After hearing arguments from public defender, Ohio Supreme Court affirms that Mr. Berry remained competent to waive appeals. Schedules an execution for 9 p.m. March 3.
Feb. 19, 1998: Mr. Berry's mother and sister, with public defender as lawyer, challenge in federal court the standard used to determine Mr. Berry's competency.
Feb. 27, 1998: Federal Judge Algenon Marbley rules the state incorrectly followed the standard and issues a stay of execution. Judge wants a new competency procedure. State appeals.
March 2, 1998: Judges of the U.S. Court of Appeals for the 6th Circuit in Cincinnati schedule oral arguments for March 24 — three weeks after scheduled execution date.
March 3, 1998: Attorney general's office appeals directly to Justice John Paul Stevens of the U.S. Supreme Court. State says federal courts misapplied the law and asks that execution be allowed to proceed. Justice Stevens refers request to full court. Court denies state's request to allow the execution.
May 22, 1998: Three judges of the appeals court throw out the stay of execution, saying Judge Marbley erred and that the Ohio court was right in deciding Mr. Berry was competent to give up his right to appeals.
Aug. 19, 1998: The full appeals court says it finds no reason to reconsider the May 22 ruling.
Aug. 24, 1998: State public defenders again appeal to the U.S. Supreme Court.
Nov. 9, 1998: The U.S. Supreme Court refuses to hear an appeal and allows a new execution date to be set.
Nov. 23, 1998: Ohio Supreme Court sets execution for 9 p.m. Feb. 19.
Jan. 29, 1999: Judge Marbley rules he does not have the authority to order a new competency test.
Feb. 3: Public defender appeals.
Feb. 5: Public defender asks appeals court to stop execution pending hearing.
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