Tate lawyer gets OK to hire expert witness

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Terrance Tate, of Youngstown.

YOUNGSTOWN — The judge in the death penalty murder case of Terrance Tate ruled the defense can spend up to $15,000 in Mahoning County funds to hire an expert to testify as to whether the state’s execution method is an unconstitutional cruel and unusual punishment.

Tate is charged with aggravated murder in the fatal beating of Javonte Covington on his first birthday in April 2006.

Judge R. Scott Krichbaum of Common Pleas Court made the ruling today. But he did overrule a defense motion to conduct a hearing before Tate’s trial concerning the constitutionality of Ohio’s lethal injection method of execution.

Judge Krichbaum declined to schedule that pre-trial hearing because he said the lethal injection issue shouldn’t be considered before a jury determines Tate’s guilt or innocence, or decides whether to recommend a death sentence.

“It is not ripe for resolution at this time,” Judge Krichbaum said of the constitutional question.

In making his ruling, Judge Krichbaum agreed with the argument of Martin P. Desmond, assistant county prosecutor, who said the constitutionality argument is premature before the trial occurs.

Defense lawyer John B. Juhasz said the defense wishes to hire Dr. Mark Heath, a New York City anesthesiologist, as its expert. Juhasz said after court that Dr. Heath could testify on the issue if a hearing on the matter is at a later date.

For the complete story, see Wednesday’s Vindicator and Vindy.com.