MAHONING COUNTY Jury recommends 3 life terms

The jury could have recommended death for Anthony Anderson.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A common pleas court jury's decision late Tuesday afternoon to spare the life of Anthony Anderson might have spelled the end of death penalty cases in Mahoning County, according to one official.
"Before we commit any more taxpayers' money, we will have to take a look at the next case," said Assistant Prosecutor Timothy Franken.
After deliberating 10 hours Monday and Tuesday, the seven-woman, five-man jury recommended three terms of life in prison without parole for 24-year-old Anderson of Kenneth Street. There was one life term for each count of aggravated murder.
Jurors were not available to comment on their recommendation.
The same jury convicted him last week of killing LaShawnda Aziz and her 4-year-old son during a November 1998 robbery at their Lansdowne Boulevard home. Aziz's unborn child also died. Her daughter, Brea Aziz, who was 3 at the time, was shot in the face but survived.
The jury could have recommended that Anderson be put to death, but instead came back with the life sentences. Judge R. Scott Krichbaum was to formally impose the sentence this morning.
Besides the life terms, Anderson faces additional time for charges of attempted aggravated murder and aggravated robbery, for which he was also convicted.
What this means: Franken and Assistant Prosecutor Jay Macejko said if ever there was a case that warranted the death penalty, it was Anderson's. If a jury saw fit to spare his life, prosecutors will have to think twice before trying others on death penalty charges, Franken said.
Macejko said death penalty cases are more expensive because Ohio law requires that defendants have two lawyers. Since most defendants in such cases are indigent, their lawyers are paid for at public expense, he said.
Capital cases also require considerably more paperwork and time for jury selection, among other things, he said. That's why prosecutors try to be selective about seeking the death penalty.
Prosecutors said they respect and accept the jury's decision, but felt sure they had enough evidence to warrant Anderson's execution.
"In my own personal opinion, I think the death penalty is falling out of favor with people," Franken said. "People get to the end of a case like this and decide they can't do it."
Relief: Defense attorneys Louis DeFabio and James Gentile were relieved at the jury's decision.
"Lou and I still believe in our client," Gentile said. "This gives us some breathing room for an appeal."
When the verdicts were read, DeFabio leaned back in his chair and heaved a sigh of relief. He patted Anderson on the shoulder as the jury left the courtroom.
There was no reaction from Anderson or spectators when the verdicts were read. Judge Krichbaum had cautioned those in the courtroom beforehand against making any outbursts. He also praised lawyers on both sides for their handling of the case.
Aziz's mother, Jackie Joe of Youngstown, said it made no difference whether Anderson got life or death.
"It's over now," she said. "He can't kill anybody else from prison."
bjackson@vindy.com