Ohio Supreme Court vacates Donna Roberts death sentence

COLUMBUS - The Ohio Supreme Court again has vacated the death sentence of a Trumbull County woman, saying a trial court did not consider all evidence presented in the case.

It's the second time justices have sent Donna Roberts back to the trial court for resentencing.

"Under the unique circumstances presented here, we find that the trial court failed to consider relevant mitigating evidence contained in Roberts's allocution," wrote Chief Justice Maureen O'Connor, who was joined in the decision by Justices Paul Pfeifer, Judith Ann Lanzinger and Judith French.

She added, "On remand, the trial court must consider all the mitigating evidence reflected in the record, including Roberts's allocution, weigh the aggravating circumstances against the mitigating factors, and file a sentencing opinion that reflects that it has complied with these instructions. In doing so, the trial court must make an independent determination of whether a death sentence is appropriate and may not give deference to the sentences previously entered."

Justices Terrence O'Donnell and Justice Sharon Kennedy dissented, while Justice William O'Neill dissented in part and concurred in part.

Roberts was convicted in the 2001 murder of her former husband, Robert Fingerhut, 57.

For the complete story, read Wednesday's Vindicator and Vindy.com