Judge denies hearing about death penalty

Lethal injection is a cruel penalty, defense argues.

staff report

YOUNGSTOWN — The judge presiding over the capital murder trial of Curtis Young has denied a defense request for a hearing this week on the constitutionality of Ohio’s lethal injection method of execution.

Young, 26, of North Center Street, was convicted last week in the July 31, 2007, shooting deaths of Helen Moore, 29, of Cassius Street, who was his ex-girlfriend; her nearly full-term fetus; and her 8-year-old son, Ceonei.

The nine-woman, three-man jury that convicted Young as charged on all aggravated murder counts and all firearm and death penalty specifications will return at 9 a.m. Monday for the penalty determination phase of the trial.

Young’s lawyers requested a hearing on a defense motion challenging Ohio’s lethal injection method and calling it a cruel and unusual punishment that violates the U.S. and Ohio constitutions.

In her Wednesday judgment entry denying the hearing request, Judge Maureen A. Sweeney of Mahoning County Common Pleas Court said she agreed with the prosecution’s assertion that such a hearing is more appropriate after a defendant has been sentenced.

“Any possible infringement or denial of defendant’s rights under this motion would only occur if the jury were to recommend the death penalty and the court were to adopt the jury’s recommendation,” Judge Sweeney ruled.

After hearing testimony next week about Young’s family, educational and social background, the jurors will deliberate and recommend whether Young should serve 25 years to life in prison, 30 to life, or life without parole, or receive the death penalty.

Judge Sweeney will then decide on the sentence, but she can’t impose the death penalty if the jurors recommend life.