Death row inmate to get new trial

        The murder conviction of a Cincinnati man was thrown out Thursday when a federal appeals court ruled that prosecutors withheld crucial evidence at his trial.

        Derrick Jamison, now on Ohio's death row, was granted a new trial by the U.S. 6th Circuit Court of Appeals.

        Mr. Jamison, 41, was convicted in 1984 of killing Gary Mitchell during a robbery at the Central Bar in downtown Cincinnati. He was sentenced to death.

TAYLOR MILL SCHOOL EVACUATED: Mimi Ellinghausen talks with her son Ryan, 10, outside St. Anthony School in Taylor Mill on Thursday. The school was evacuated after an oven fire injured a cook. (Patrick Reddy photo) | ZOOM |

        A three-judge panel of the appeals court concluded that Mr. Jamison did not get a fair trial because police and prosecutors suppressed evidence beneficial to the defense.

        The evidence included conflicting statements by eyewitnesses, details about other possible suspects and descriptions of the killer that did not match Mr. Jamison.

        The judges said Mr. Jamison should get a chance to present that evidence at a new trial.

        Ohio Public Defender David Bodiker said the court's findings Thursday reinforce his contention that Hamilton County prosecutors don't play fair in death penalty cases.

        “This type of thing has occurred repeatedly,” Mr. Bodiker said.

        Prosecutor Mike Allen could not be reached for comment.
       

Women's conference at Christian Center

        Faith Christian Center invites the public to its “Victorious Women's Conference,” which begins today and runs through Sunday. Guest speaker is Margaret Rose Parker of South Bend, Ind., a founder of Bride of Christ Ministries for women.

        Tonight's event begins at 7 at the church, 11300 Kenn Road, Forest Park. On Saturday, a luncheon runs 11 a.m.-2 p.m. (cost $15), and Sunday worship begins at 10:30 a.m.

        Information: 513-825-5247.
       

Bicycle rider struck, in critical condition

        COLUMBIA TWP. — A 69-year-old Anderson Township man was injured Thursday when he was struck by a car while riding a bicycle on Wooster Pike.

        Richard J. Sayre was t in critical condition at University Hospital late Thursday.

        According to the Hamilton County Sheriff's Office, Mr. Sayre was riding a bicycle in the 8500 block of Wooster Pike at 5:58 p.m. when a westbound 1991 Geo Storm driven by Christine S. Flannery, 33, of Milford, changed from the left to the right lane and struck the bicyclist.

        Mr. Sayre was wearing a helmet.

        Ms. Flannery was treated at Bethesda North Hospital and released.
       

Plotting case stays in juvenile court

        HAMILTON — A New Miami teen accused of conspiring to kill the village police chief will not be tried as an adult.

        After a hearing Thursday, Butler County Juvenile Court Judge David Niehaus decided that the case of a 15-year-old suspect would remain with his court, said Assistant Prosecutor Greg Stephens.

        Two other alleged conspirators face similar hearings; one is set for today, the other, June 10.

        Mr. Stephens has argued strenuously that the youths be tried as adults.

        A conspiracy charge against a fourth juvenile was previously dismissed, but he admitted to an attempted burglary charge in the theft of a gun that authorities think was intended for use in a plan to kill Chief Duane Pelfrey.

        The alleged originator of the plot, Samuel Harrison, 19, is awaiting grand jury action.

        The suspects were arrested last month after the alleged scheme surfaced. Police say the teens planned to ambush Chief Pelfrey as he arrived for duty at the village police station.
       

Hearing on Roach request is delayed

        A hearing to determine whether city and police disciplinary reports on the actions of Stephen Roach will be sealed was postponed until June.

        City attorneys asked Hamilton County Municipal Judge Ralph E. “Ted” Winkler for the change Thursday because one of their witnesses wasn't available.

        Testimony will be taken from Cincinnati Police Chief Tom Streicher and Office of Municipal Investigations Director Mark Gissiner, who was unavailable for comment.

        Opposing sides will return to court June 18.

        Stephen Roach, a former Cincinnati police officer who now works as a police officer in suburban Evendale, wants the findings of those reports sealed.

        Officer Roach, who shot and killed Timothy Thomas April 7, 2001, was acquitted of criminal charges stemming from the incident.

        Judge Winkler ordered those charges expunged or sealed from public scrutiny. The judge will have to decide whether the critical reports, made public earlier this year, fall under his previous order.
       

Family members say they trusted Merkle

        Family members of cemetery administrator Robert Merkle told a Hamilton County jury Thursday that they believed he was using endowment funds for cemetery operations.

        They never questioned his use of the money and trusted that he was handling Wesleyan Cemetery responsibly.

        Bonnie Merkle, Mr. Merkle's wife, testified that she was a member of the board of the Northside cemetery association but never looked at a financial record or asked to see any of the accounts.

        She said she didn't know the endowment fund had run out of money. She added that she believed any purchase her husband made was from his salary.

        Mr. Merkle is accused of draining the maintenance fund of more than $93,000 and using the money for his personal expenses.

        The cemetery has fallen into disrepair.

        The jury could get the case today.

One boater's body found; 1 still missing

        NEVILLE, Ohio — The body of a fisherman whose boat capsized in the Ohio River last week was found Thursday. Another man was still missing.

        The body of Robert Wood, 24, of Falmouth, Ky., was spotted by a boater about noon, Clermont County Sheriff Tim Rodenberg said.

        The body was entangled in trees along the Kentucky side of the river a few miles downstream from where the boat capsized, the sheriff said.

        Family members identified the body, which was taken to the Bracken County, Ky., coroner's office.

        Danny Eaton, 27, of Foster, Ky., also disappeared when the boat capsized May 13. A third man in the boat, Jeremy King, 25, of West Berry, Ky., made it safely to shore.
       

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