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Seman’s attorneys file motion on death penalty
robert seman case
By Joe Gorman
YOUNGSTOWN
Judge Maureen Sweeney of Mahoning County Common Pleas Court said she will rule soon on a motion by attorneys for Robert Seman, who seek a ruling that the death penalty is unconstitutional.
Seman faces the death penalty if convicted of the arson deaths of Corrine Gump, 10, and her grandparents, William and Judith Schmidt, during a fire March 31, 2015, at their Powers Way home.
Seman, 46, of Green, had a pretrial hearing Wednesday.
The motion says under Ohio law the death penalty is unconstitutional because it eliminates an appeal to the 7th District Court of Appeals, instead going directly to the Ohio Supreme Court.
The motion says that violates Seman’s equal-protection rights because only death-penalty cases skip the appeals court level.
Defense lawyer Lynn Maro said the procedure, which was approved by voters in a way to make the appeals process faster, actually makes it longer. She said the state Supreme Court has upheld the rule but has never given an analysis or rationale, instead simply issuing a one-sentence ruling saying the rule is constitutional.
“It needs to be looked at because it does affect an elemental right,” Maro said.
Maro said defense attorneys are also looking at experts to help in Seman’s defense and Seman has spoken to a mitigation expert, who will assist in the defense only if Seman is found guilty of death penalty specifications.
Seman is to go on trial in September. He is accused of raping the girl and was on house arrest after posting $200,000 bond. The fire was started the day jury selection in his case was to begin. His bond was immediately revoked that day because prosecutors told Judge Sweeney that Seman’s ex-wife told police Seman had offered her money if she would tell prosecutors during the trial the girl made up the allegations.
Seman would face life in prison if he is convicted of just the rapes. Those charges still are pending.
An additional two counts of bribery were added as well, and the aggravated murder and other charges were issued June 11, after lab reports from the state Bureau of Criminal Investigation found the fire at the Schmidts’ home was an arson.
He faces 10 counts of aggravated murder, aggravated arson and aggravated burglary.
Seman is eligible for the death penalty because, among other factors, he is charged with killing the witness to a crime, and with killing someone in the commission of another felony, in this case the aggravated burglary or aggravated arson.