YOUNGSTOWN Appeals court rejects killer's bid to overturn conviction

The defense attorney said he will appeal again.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The 7th District Court of Appeals has upheld the conviction of a man who killed a pregnant woman, her unborn baby and her young son in November 1998.
Anthony Anderson, 26, of Kenneth Street is serving three consecutive life sentences in prison after being convicted in October 2000 of three counts of aggravated murder and single counts of attempted aggravated murder and aggravated robbery. He has no chance for parole.
Anderson's lawyer, Gary Van Brocklin, filed a motion with the appellate court asking that the conviction and sentences be overturned because of mistakes he says were made during the trial in Mahoning County Common Pleas Court.
A three-judge appellate panel overruled the motion this week, saying that nothing was done to deny Anderson a fair trial.
"They're wrong," Van Brocklin said. "The 6th [U.S.] Circuit Court of Appeals will right that wrong."
Convicted
Anderson and 25-year-old Kevin Calwise were convicted of robbing a Lansdowne Boulevard home in November 1998. While there, they shot and killed 21-year-old LaShawnda Aziz and her 4-year-old son, DeShun Moreland. Aziz was pregnant and her death caused the termination of her pregnancy, which was the reason for the third aggravated murder charge.
Aziz's daughter, Brea Aziz, was shot in the face but survived. She was 3.
Videotaped statement
Before Anderson's trial, Calwise gave a detailed statement to police about what happened the day of the murders. He went with police to the house, where he was videotaped explaining how the shootings took place.
In his statement, Calwise admitted shooting DeShun but said Anderson shot the others. Calwise was convicted of charges identical to Anderson's and also is serving three life sentences.
When Calwise refused to testify against Anderson, prosecutors sought permission to show jurors the tape of his police statement. Judge R. Scott Krichbaum allowed it.
Van Brocklin argued that the tape should not have been allowed because without the ability for defense attorneys to cross-examine Calwise in person, the statement should be considered hearsay and, therefore, inadmissible as evidence.
The judge ruled that such statements are allowed in certain situations, and that this was one of them. The appellate court agreed and said the tape was admissible.
Jay Macejko, assistant prosecutor, said that he's elated at the appellate court's decision and that Anderson will remain in prison.
"This was one of the most horrific crimes in recent memory," Macejko said. "I can't think of one more cold-blooded."
bjackson@vindy.com