HAMILTON — The two candidates for Butler County prosecutor, who often have been at odds, agree on at least one thing: Christopher Fuller should not have escaped the death penalty.

        But they disagree on how to prevent such an outcome in future cases.

        Prosecutor Dan Gattermeyer, a Democrat, earlier this week decried Judge Matthew Crehan's rejection of a common pleas jury's recommendation that Mr. Fuller be put to death for killing his daughter Randi, 2, after trying to rape her.

        In sparing Mr. Fuller's life, the judge cited the defendant's lack of a prior criminal record, his mental condition and his remorse. Mr. Fuller, 31, will serve life in prison with no possibility of parole.

        In a news conference Thursday, Robin Piper, the Republican candidate for Butler prosecutor, joined area lawmakers in announcing a proposal that would allow prosecutors to ask an appeals court to review cases in which judges disregard juries' death-penalty decisions.

        Mr. Piper said his goal is not to criticize Judge Crehan, but to correct a flaw in the justice system.

        “It is unfortunate that our system allows no recourse when a judge ignores a 12-member jury's recommendation of death — especially when the crime committed is so heinous,” Mr. Piper said. His proposal would “level the playing field” for crime victims and prosecutors in Ohio, he said.

        Mr. Gattermeyer questioned the proposal's constitutionality. But Rep. Gary Cates, R-West Chester, said the House of Representatives' lawyer and two local judges called the proposal constitutionally sound.

        Mr. Gattermeyer offered an alternative suggestion. He said he would like to see a state law that would remove a trial judge's ability to reject the jury's recommendation for the death penalty.

        “Let the jury's decision be the trial court's decision,” he said. “It could still go through the appeals process. That would pass constitutional muster.”

        Rep. Cates, who said he will sponsor the bill, said the Legislative Service Commission is now drafting the pro posed measure for introduction as soon as possible. Others who said they support the idea: state Rep. Gene Krebs, R-Camden; Rep. Greg Jolivette, R-Hamilton; state Sen. Scott Nein, R-Middletown; and Shawn Webster, Republican candidate to replace Rep. Krebs, who must leave office because of term limits.
       Steve Kemme contributed to this report.
       

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