Tuesday, June 15, 1999
Guilty plea in creek slaying
Goshen man takes life term over possible execution
BY TOM O'NEILL
The Cincinnati Enquirer
BATAVIA — His head down, his left leg twitching, 18-year-old Gregory Menkhaus on Monday pleaded guilty to aggravated murder, in large part, because he wanted to avoid being killed himself — by the state of Ohio.
The prospect of the death penalty, according to his attorney, John Woliver, was a “significant factor” in the Goshen man's agreement to life in prison. He will be eligible for parole after 20 years.
Mr. Menkhaus stood solemnly before Judge Jerry McBride of Clermont County Common Pleas Court and for the first time admitted killing Jeffrey Little, 22, on or about Dec. 4 near Little Indian Creek in Ohio Township, Clermont County.
Ohio and national groups on both sides of the death penalty debate said Monday that suspects pleading out is an increasingly common “side impact” of capital punishment. While both sides acknowledge the guilt behind such decisions, they differ on whether it justifies the death penalty.
Clermont County Prosecutor Donald White said he would never use capital punishment as a negotiating tool.
Meanwhile Monday, in an adjacent courtroom, co-defendant Michael Young, 29, of Goshen, who was the victim's brother-in-law, also was expected to plead guilty but was granted a one-week continuance because he hired two new lawyers. He remains in Clermont County Jail in lieu of $1 million bond.
“There's no doubt, the existence of the death penalty is an incentive for the guilty to admit their guilt,” said Robert Pambianco, chief policy counsel of the pro-death penalty Washington Legal Foundation in Washington, D.C.
“In states where there is capital punishment,” he said, “it's much more likely to see suspects cop a plea to a life sentence rather than risk a death sentence.”
Jim Tobin, treasurer of Columbus-based Ohioans to Stop Executions, disagreed on moral grounds. “We're in favor of justice being served and people being appropriately punished, but we believe another death isn't necessary. ... It is interesting that you can look around Ohio and see that certain prosecutors go for the death penalty indictment. Certainly Hamilton is one.”
Clermont has less than a half-dozen convicts on death row.
Many of Mr. Menkhaus' two dozen or so supporters cried or buried their heads in their hands as the plea was finalized. They declined to comment. As Mr. Menkhaus was led away, one woman yelled “Gregory, I love you.” He turned but showed no emotion.
“It's sad,” Mr. Woliver said. “It's tragic. He'll have at least 20 years to develop a conscience. He certainly didn't have one that you and I would like to see him have.”
Mr. Menkhaus admitted trying to rob Mr. Little, who had come to Clermont County to reconcile with his wife, Lisa, Mr. Young's sister. Mr. Little's decomposed body was recovered from the creek on Memorial Day. He had been stabbed and beaten.
The $1,300 Mr. Little received from relatives in California shortly before he disappeared remains missing.
Mr. Woliver described the relationship between Mr. Menkhaus and the man he murdered as an acquaintance or friendship.
Mr. Menkhaus, a Goshen High School dropout who was arrested only nine days ago, will receive no time credit for good behavior or educational advancements.
Proponents of his lengthy sentence point out that if Mr. Menkhaus ever becomes free, his victim will still be dead.
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