Saturday, March 20, 1999
New law on murder has judge confused
BY DAN HORN
The Cincinnati Enquirer
At first glance Friday, Judge Thomas Crush decided that Ohio's new murder law “doesn't make any sense.”
After hearing arguments from prosecutors and defense attorneys, he said he wasn't sure what to make of it.
But he promised to figure it out within a few weeks.
The decision by the common pleas judge is important because he will be the first in Hamilton County to decide whether the controversial law should remain on the books.
Although any decision he makes will likely be appealed, his ruling will be a first step toward resolving a dispute that affects hundreds of defendants.
At issue is a new law that changes the way murder is defined in Ohio, making it easier for prosecutors to seek the most serious charges.
Defense attorneys claim the law is unfair because it seems to replace the lesser charge of involuntary manslaughter, which is applied to cases in which the defendant did not intentionally kill someone.
Prosecutors, however, say it helps them pursue violent felons who deserve more than the 10-year maximum prison sentence for manslaughter.
The case before Judge Crush involves James L. Clark, a 21-year-old man accused of fatally shooting his father, James Clark Sr., during a Jan. 19 street fight in Over-the-Rhine.
Although prosecutors say Mr. Clark apparently was not aiming at his father, they argue that he is guilty of murder under the new law because he intended to use violent force against someone.
His attorney, Kenneth Lawson, said the charge should be thrown out because the new law is confusing and contradicts existing laws.
He noted that manslaughter applies to anyone who causes the death of another while committing “a felony.” At the same time, he said, the new murder law applies to anyone who causes the death of another while committing “a felony of the first or second degree.”
He said the offense already is defined as involuntary manslaughter, so it can't be murder.
But assistant prosecutor William Breyer told the judge Mr. Lawson was reading the law incorrectly.
He also said the murder law would take precedence over the manslaughter law.
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