Tuesday, October 16, 2001
Morgue trial jurors deliberate second day
By Marie McCain
The Cincinnati Enquirer
Jurors continue deliberations today in the trial of Thomas Condon and Dr. Jonathan Tobias, who are accused of corpse abuse in the case of unauthorized photographs of autopsied bodies at the Hamilton County morgue.
This is the second day of deliberation. Jurors got the case Friday, but they only picked a foreperson. They began looking at evidence Monday morning and broke for the day at 3:30 p.m.
The two men are each charged with a dozen counts related to alleged abuse of corpses in the morgue.
Police raided Mr. Condon's Walnut Hills studio in January, seizing hundreds of negatives of photos featuring bodies posed with inanimate objects.
Mr. Condon is accused of taking the photos without authorization. Dr. Tobias, who worked at the morgue, is accused of helping him.
On Monday, Hamilton County Common Pleas Judge Norbert Nadel denied a mistrial request from their attorneys, who had objected to Assistant Hamilton County Prosecutor Thomas Longano's comments during closing arguments Friday. The defense attorneys contended that Mr. Longano's use of a profanity to assess a defense point was inflammatory and calculated.
After the closing arguments Friday, Judge Nadel had instructed jurors to base their verdict solely on evidence, not on statements made by attorneys. Judge Nadel denied the mistrial request Monday, he said, because he believes he acted properly.
Prosecutors have argued that Mr. Condon and Dr. Tobias acted without the authority of morgue officials or permission from families of the subjects.
Defense attorneys have argued that Mr. Condon did have authorization, and that Dr. Tobias is being used as a scapegoat to cover up administrative errors by morgue officials.
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