Sunday, July 07, 2002
Rulings unlikely to have changed recent Ohio cases
The Cincinnati Enquirer
Two landmark decisions by the U.S. Supreme Court last month may spare hundreds of death row inmates, including at least a few in Ohio.
But the decisions probably would not have saved any of the four men who have been put to death in Ohio since 1999.
Prosecutors and defense attorneys agree the evidence in the four cases suggests none of them would have been affected by the Supreme Court's rulings.
In the first ruling, the court declared it unconstitutional to execute a mentally retarded inmate. In the second, the court ruled that only juries not judges could recommend a death sentence.
Since juries already recommend sentences in Ohio, that ruling would not apply to any case in this state.
The retardation issue may have more of an impact on death row cases here. But of the four men who already have been executed Wilford Berry, John Byrd, Alton Coleman and Jay Scott none was classified as mentally retarded.
Prosecutors contend there are no retarded inmates on Ohio's death row, but defense attorneys say there may be dozens.
In the next few years, courts will be asked to settle the debate by crafting a new legal definition of mental retardation.
Dan Horn
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