Ohio high court overturns death sentence in beating death

COLUMBUS (AP) — A condemned killer's troubled childhood, which included learning the drug trade from his mother, outweigh the brutal nature of his crime, a divided Ohio Supreme Court ruled today in overturning the man's death sentence.

The 4-3 decision was the second time a court has rejected a death sentence for Rayshawn Johnson, who fatally beat Shanon Marks with a baseball bat in 1997 for about $50.

Johnson suffered from mental illness and addiction and had limited intellectual ability at the time, said Justice Paul Pfeifer, writing for the majority. At 19, Johnson was also barely removed from his "corrosive upbringing," the justice said.

As a child, "Johnson was not taught the difference between right and wrong, did not learn to make good choices, and did not witness positive social interactions," Justice Pfeifer wrote.

Instead, his mother taught her son how to sell drugs, and Johnson watched his mother doing drugs and trading sexual favors for drug money, Justice Pfeifer said.

While imprisoned, the 37-year-old Johnson has shown remorse, converted to Christianity and counseled young men not to follow his path, including his own son, Justice Pfeifer said. He was joined by justices William O'Neill and Judith Lanzinger and Chief Justice Maureen O'Connor.

The court ordered a new sentencing hearing for Johnson, who was convicted of aggravated murder, aggravated burglary and aggravated robbery, that cannot include capital punishment.

Dissenting justice Terrence O'Donnell said the brutality of the crime outweighed arguments about Johnson's childhood.