Wednesday, February 16, 2000
Victim's family helps killer avoid death
BY DAN HORN
The Cincinnati Enquirer
With the help of his victim's family, Donovan Clark avoided a possible death sentence Tuesday.
A panel of three judges decided to spare Mr. Clark after the victim's sister testified that she would rather see the killer go to prison for the rest of his life.
The judges then convicted Mr. Clark of murder and sent him to prison without any chance of parole.
Prosecutors say Mr. Clark, 20, of Kennedy Heights strangled Joseph Abel in July and left him hanging by his neck from a doorknob in his West Court Street apartment.
Mr. Clark was arrested three weeks later and admitted killing the 61-year-old retired librarian.
Although prosecutors initially sought a death sentence, they changed their minds after Mr. Abel's family urged them to accept a plea deal.
The first step in the deal came last month when Mr. Clark said he wanted a three-judge panel to decide his fate instead of 12 jurors.
While that option is avail able in all death penalty cases, it is rarely used because most defendants think they are better off with a jury than with judges.
In Mr. Clark's case, however, the panel was necessary because no one is allowed to plead guilty to capital murder charges without first presenting the evidence to a panel.
Mr. Clark's hearing Tuesday was brief. Attorneys on both sides called only a few witnesses, and prosecutors agreed the death sentence should not be imposed.
The key, however, was testimony from Mr. Abel's sister, Mary Jane Abel-Bone.
“You do not wish to see the death penalty imposed?” asked Mr. Clark's lawyer, Norman Aubin.
“That's right,” Ms. Abel said.
The three Common Pleas judges — Norbert Nadel, Ann Marie Tracey and Patrick Dinkelacker — then met behind closed doors for about 10 minutes to decide the case.
When asked if he had anything to say, Mr. Clark turned to Ms. Abel in the back of the courtroom.
“I would like to apologize,” he said. He then bowed his head and was led from the courtroom in handcuffs.
As part of the plea deal, Mr. Clark agreed he would not appeal his sentence.
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