Review Ohio’s death penalty

By STAUGHTON AND ALICE LIND

The Vindicator

NILES

“Strickland’s doubt on death-row inmate fuels debate,” from The Vindicator of Aug. 8 lists five prominent persons — two former directors of Ohio prisons (Reginald Wilkinson and Terry Collins), Supreme Court Justice Paul Pfeifer, former Attorney General James Petro, and state Sen. David Goodman — who favor “a comprehensive review of all death-row cases, and possibly a moratorium.”

Two other important sources of support for a review of Ohio death sentences should also be mentioned.

In 2003, the Center for Law and Justice at the University of Cincinnati College of Law looked at 173 cases in which the Supreme Court of Ohio had affirmed the death penalty.

The study expressed serious concerns that should be re-examined prior to the execution of 110 of the 173 men then sentenced to death (63 percent).

he study concluded that “the death penalty in Ohio contains a likelihood of executing the innocent, a high rate of reversible error, and an arbitrariness in the application of the death penalty.” The study, its authors concluded, “establishes that a moratorium and a high-level commission to study the death penalty is necessary.”

In 2007, the Ohio Death Penalty Assessment Team of the American Bar Association concluded that “there is a need to improve the fairness and accuracy in Ohio’s death penalty system.” One of the team’s specific recommendations was:

“The Governor of Ohio should create a commission, with the power to conduct investigations, hold hearings, and test evidence, to review claims of factual innocence in capital cases. This sort of commission, which would supplement the clemency process, is necessary, in large part because current procedural defaults and inadequate lawyering have prevented claims of factual innocence from receiving full judicial consideration and the clemency process currently is not equipped to handle them.”

THE KEVIN KEITH CASE

The case of Kevin Keith is just such an instance of claimed actual innocence. Kevin Keith is presently scheduled for execution Sept. 15.

One final observation. Justice Pfeifer has proposed the creation of a blue- ribbon commission after the election. Six death-sentenced prisoners are scheduled for execution in August, September, October, November, February, and March. If there is a possibility that a comprehensive review of Ohio death sentences will be undertaken next winter or spring, what of the men scheduled to die before then? This is not a question of supporting or opposing the death penalty, but simple fairness. Gov. Strickland should immediately issue a reprieve for all death-sentenced prisoners who presently have execution dates pending a decision by the next Governor on Justice Pfeifer’s proposal.

Attorneys Staughton and Alice Lind have long been involved in causes for social justice in the Mahoning Valley and the nation.