MAHONING COUNTY Killer gets 3 life terms in prison

The judge said that all but one juror voted for the death penalty.
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. Judge R. Scott Krichbaum ruled this morning that the terms be served consecutively.
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 Krichbaum said all but one juror favored the death penalty. Under Ohio law, a unanimous decision is required.
Besides the life terms, Anderson was sentenced to 10 years each for charges of attempted aggravated murder and aggravated robbery, for which he was also convicted; plus 15 years for using a gun in the crimes.
Judge Krichbaum said it was the worst case he has seen in his 25-year law career.
"It was cold, vicious and senseless," the judge said to Anderson. "I just find it hard to believe that the same God who made LaShawnda Aziz, Brea Aziz and DeShun Moreland made you."
What prosecutors said: 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."
Aziz's mother, Jackie Joe of Youngstown, said sitting through the trial, watching Anderson with a grim smirk on his face and showing no remorse, was as hard as seeing her family in the morgue and burying them.
Joe noted the little girl, Brea, has repeatedly told her that during the robbery, DeShun looked at Anderson and said, "I don't want to die."
But Anderson laughed and shot him in front of Brea, then shot the girl, the grandmother said.
bjackson@vindy.com