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Judge rules against defense in Seman death penalty motion
By Joe Gorman
YOUNGSTOWN
Judge Maureen Sweeney has ruled against a motion by Robert Seman to declare the death penalty unconstitutional.
In a judgment entry filed Friday in Mahoning County Common Pleas Court, Judge Sweeney said his attorneys failed “to provide any meaningful argument as to how the current appellate process is cruel and unusual.”
Seman, 46, of Green, could face the death penalty if convicted of the deaths of Corinne Gump, 10, and her grandparents, William and Judith Schmidt, in a March 31, 2015, arson at their Powers Way home.
Seman’s lawyers argued that a ballot measure approved by voters – which allows convictions in capital cases to skip the appeals court level on automatic appeal and go straight to the state Supreme Court – is unconstitutional because it treats a capital case different from other cases whose appeals do not go straight to the high court.
Judge Sweeney said in her ruling that Seman’s attorneys did not state any cases that backed up their position. She also noted that once the Supreme Court is through with a case, it still can be appealed at the federal level and other actions also can be filed in state courts.
Defense attorneys also claimed that the state Supreme Court cannot do a thorough review of the case, but she disagreed, saying that the high court has the power to hear and resolve all issues.
“The court finds the defendant is not being denied any fundamental right,” Judge Sweeney wrote.
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 His bond immediately was revoked that day because prosecutors told Judge Sweeney that Seman’s ex-wife told police Seman had offered her money if she would tell prosecutors during the trial that 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.