43
Death penalty ruled constitutional in local murder case
YOUNGSTOWN
A judge has determined that the death penalty, as it relates to the defendant in a high-profile murder case here, is constitutional.
Judge Maureen Sweeney of Mahoning County Common Pleas Court made the ruling Thursday in connection with the capital murder case against Aubrey Toney. Toney is represented by defense lawyers John B. Juhasz and Paul Conn.
A county grand jury indicted Toney, 29, of Youngstown, on charges of aggravated murder and attempted murder and two counts of felonious assault in the murder of Thomas Repchic, 74, and wounding of Repchic’s wife, Jacqueline, 74. He faces the death penalty if convicted.
The Cadillac driven by Thomas Repchic, with his wife as a passenger, was hit by gunfire in a drive-by shooting Sept. 25, 2010.
In her judgment entry, Judge Sweeney notes that Juhasz asked that the death penalty be taken off the table in the case against Toney because, statistically, the death penalty is not an effective means of deterring crime.
Juhasz also claimed the death penalty is cruel and unusual punishment with life imprisonment being a more humane alternative.
Judge Sweeney said life imprisonment is an option and the death penalty is used less frequently, but is still a legal option in Ohio.
Juhasz also said the death penalty is unconstitutional because it is statistically applied in a racially discriminatory fashion.
Judge Sweeney, in her response to the motion, said the fact that there are more African Americans on death row is unfortunate, but the jury will consider all factors and circumstances in the case before recommending a sentence of death.
“The court would be remiss if it did not remind defense counsel that justice is blind. Counsel should be assured that this court will not be swayed by the recommendation of the jury, the color of the defendant and/or victim’s skin, or any other irrelevant factor when deciding the sentence that should be imposed on the defendant if he is found guilty,” the judge wrote.
The court also rejected an argument made by Juhasz that juries picked for death-penalty cases are more prone to render a guilty verdict.
Toney’s trial is set to begin Sept. 12.