By Erica Solvig
The Cincinnati Enquirer

HANOVER TWP. - For 17 years, Madge Burton has been crusading for Rhett DePew to be executed for murdering two of her daughters and a 7-year-old grandchild.

DePew

But a federal appeals court's ruling threw out Mr. DePew's death sentence for now - and Ms. Burton vowed to continue her crusade.

"I've never missed an appeal and I never will as long as I live," she said Thursday. "I will always be there for my children because they can't be there."

Mr. DePew was convicted of murdering Teresa Jones, 27, her daughter Aubrey, 7, and Ms. Jones' sister, Elizabeth Burton, 12. He broke into their Oxford Township home on Nov. 23, 1984, stabbed the victims repeatedly and set the house on fire.

"I feel that there are some criminal acts that can only be concluded by giving that individual the death penalty and taking them off the earth," said Ms. Burton. "He should have never been allowed to live this many years. It is almost too much for me to comprehend that a man could be so evil and still live with himself."

The 6th U.S. Circuit Court of Appeals in Cincinnati on Wednesday gave Mr. DePew, 49, a reprieve from the death sentence. The case will be sent back to Butler County Common Pleas Court for resentencing unless the state appeals within 180 days.

The court upheld Mr. DePew's murder convictions but said he was entitled to a new sentencing hearing because of statements that Prosecutor John F. Holcomb made in front of jurors during Mr. DePew's 1985 case. Mr. Holcomb has since died.

The statements "clearly misled the jury," the court said, and "undermined the jury's ability to make a fair determination" as to whether he deserved the death sentence.

Butler County Prosecutor Robin Piper said if a resentencing were held, prosecutors would try for the "maximum penalty that we would get." He said lawyers were researching changes in laws and whether they could ask for the death penalty again.

Regardless, Mr. Piper thinks people who know the facts "might form the opinion that Mr. DePew was given the death penalty by the jury because of what he did - and not so much because of any argument made by an attorney."

The Associated Press contributed.

E-mail esolvig@enquirer.com