Judge won't let killer free during appeal

David Jenkins has 30 days to appeal his murder conviction.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- A judge has denied convicted murderer David Jenkins' request to be freed from prison on bond while appealing his sentence.
Last month, Jenkins was convicted of strangling his wife, Deana, on May 20, 2004, in their Clearwater Street Northwest home.
Judge Peter Kontos of Trumbull County Common Pleas Court sentenced him to 15 years to life in prison for murder. He denied the bond request Wednesday.
Atty. Michael A. Partlow of Cleveland had filed an application to suspend further sentence and release Jenkins on bond. It was filed on the basis that Jenkins was free on bond throughout the pretrial period and during the trial, and that Jenkins appeared for every hearing.
Jenkins has 30 days left to appeal his conviction to the 11th District Court of Appeals. At sentencing, Jenkins' attorney, J. Gerald Ingram, said Jenkins did intend to appeal.
Partlow's filing cites a criminal rule stating a judge can continue bond after conviction. The filing adds that the evidence employed at trial was entirely circumstantial and Jenkins has no prior criminal record.
"He has strong ties to the community in Warren, Ohio, and can remain in Ohio during the pendency of his appeal if so ordered by this court," it says.
Opposition
In response, assistant Trumbull County Prosecutor Chris Becker filed a memorandum of opposition, saying the factors in this case overwhelmingly favor revocation of bond.
For one, Jenkins killed the one person he had the greatest responsibility to protect, his wife. "The circumstances indicated that after he killed her, he hid her body in a closet and was in the process of removing her body from the marital home when she was discovered by friends and family members," Becker wrote.
Regarding Jenkins' family ties, Becker wrote that Jenkins' children testified against him at trial and have not resided with him for some time. A niece also testified against him. "Therefore, the defendant's family ties would appear to be frayed at best," he said.
"Although he has only one felony conviction, it is off the charts when compared to other criminal offenses," Becker said.
runyan@vindy.com