Argument on death penalty constitutionality will wait in Tate case

YOUNGSTOWN — The judge assigned to the death penalty murder case of Terrance Tate has overruled a defense motion to set a pretrial hearing on the constitutionality of Ohio’s lethal injection method of execution.

However, Judge R. Scott Krichbaum of Mahoning County Common Pleas Court approved today a defense motion to spend up to $15,000 in county funds to hire an expert to testify as to whether the method is an unconstitutional cruel and unusual punishment.

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

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

Judge Krichbaum declined to schedule a pre-trial hearing on the lethal injection issue because he said it is premature to discuss it 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.