Federal court orders new trial for John Drummond

New trial in shooting death of 3-month-old boy

A divided federal appeals court panel has ruled that an Ohio death row inmate should get a new trial in the shooting death of a 3-month-old boy.

The 6th U.S. Circuit Court of Appeals decision Monday finds that John Drummond was deprived of his constitutional right to a public trial when a judge cleared the courtroom during testimony. Drummond was convicted in 2004 of aggravated murder for the slaying of the baby in a drive-by shooting in Youngstown. Prosecutors said Drummond was a gang member.

The trial judge said there had been disturbances involving spectators, and that some witnesses felt threatened.

The boy, 3-month-old Jiyen C. Dent Jr., was sitting in a baby swing in the living room of his family's East Side home.