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Man to get new sentence
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Nathaniel Jackson
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Donna Roberts
Judge erred, court rules
By Ed Runyan
WARREN
Judge John M. Stuard of Trumbull County Common Pleas Court must re-sentence Nathaniel Jackson, 38, for his role in the murder of Robert Fingerhut of Howland in 2001 for the same reason Judge Stuard resentenced Jackson’s accomplice, Donna Roberts.
The 11th District Court of Appeals ruled Monday that Judge Stuard erred in his first sentencing of Jackson, of Youngstown, because the judge relied on the Trumbull County Prosecutor’s Office to write a sentencing opinion, which is a written document filed by the judge.
It is the same error noted by the Ohio Supreme Court in the sentencing phase of Roberts’ trial. The Supreme Court said the error was a “grievous violation” of the sentencing process, especially since both cases involved imposition of the death penalty.
Judge Stuard said he gave notes to the prosecutor’s office regarding the sentence, along with historical information about the crime, and Chris Becker, an assistant Trumbull County prosecutor, composed it into an entry.
The following day, Becker submitted it to Judge Stuard, who asked for and received a revision of the 17-page document.
Though the judge said this was a common practice at the Trumbull County Courthouse, appeals courts later said the practice was improper because it failed to include defense attorneys in the process.
The Ohio Supreme Court later gave public reprimands to Judge Stuard and Becker for the misconduct.
Judge Stuard said the practice had begun for practical reasons: The prosecutor’s office was the first to have computers, and the judges do not have secretaries to handle such tasks.
Judge Stuard said he had made his decision in the Roberts and Jackson cases on his own and discussed nothing of substance with Becker while asking him to prepare the entries.
In November 2002, Jackson was found guilty of two counts of aggravated murder, one count of aggravated burglary and one count of aggravated robbery. Under both of the aggravated murder counts, the jury recommended the death penalty, and Judge Stuard agreed.
Judge Stuard also sentenced Roberts to the death penalty in October 2007 — during her second sentencing. She remains on Death Row.
During the Roberts and Jackson trials, prosecutors presented evidence, much of it from letters and phone calls between Roberts, now 66, and Jackson while Jackson was locked up in an Ohio prison. The evidence suggested that Jackson was planning to kill Fingerhut soon after he left prison.
Fingerhut was found dead of gunshot wounds Dec. 12, 2001, in the Fonderlac Drive, Howland, home Roberts shared with Fingerhut about 10 days after Jackson left prison. No new sentencing date has been set.