There are no markers for this video.
00:00:00>> SUPPORT FOR THE STATEWIDE
BROADCAST OF "THE STATE OF
00:00:03OHIO" COMES FROM LAW OFFICES OF
PORTER, WRIGHT, MORRIS & ARTHUR
00:00:07LLP., HELPING BUSINESSES AND
INDIVIDUALS SOLVE COMPLEX LEGAL
00:00:08PROBLEMS THROUGHOUT OHIO,
ACROSS THE COUNTRY AND AROUND
00:00:10THE WORLD -- ON THE WEB AT
PORTERWRIGHT.COM.
00:00:18AND FROM THE OHIO EDUCATION
ASSOCIATION, REPRESENTING
00:00:19121,000 TEACHERS, SUPPORT
PROFESSIONALS AND HIGHER
00:00:20EDUCATION FACULTY, COMMITTED TO
THE SUCCESS OF EVERY CHILD,
00:00:22ONLINE AT OHEA.ORG.
>> THE LONG-AWAITED REPORT ON
00:00:31THE COINGATE SCANDAL IS FINALLY
RELEASED.
00:00:33TROUBLE CONTINUES FOR TWO
LAWMAKERS, ONE FORMER AND ONE
00:00:37CURRENT.
AND THERE IS BITTER
00:00:40DISAGREEMENT OVER SUGGESTED
CHANGES TO THE STATE'S DEATH
00:00:43PENALTY.
ALL THIS WEEK IN "THE STATE OF
00:00:44OHIO."
>> IT'S BEEN NINE YEARS SINCE
00:00:55THE BUREAU OF WORKERS'
COMPENSATION INVESTMENT SCANDAL
00:00:58THAT LOST THE STATE MORE THAN
$200 MILLION AND RESULTED IN 19
00:01:03CONVICTIONS, INCLUDING ONE FOR
REPUBLICAN GOVERNOR BOB TAFT.
00:01:06AND THIS WEEK THE INSPECTOR
GENERAL RELEASED A REPORT ON
00:01:10HIS INVESTIGATION OF WHAT
BECAME KNOWN AS COINGATE.
00:01:13BUT THE REPORT FROM I.G.
RANDALL MEYER HAS NO NEW
00:01:16FINDINGS.
THE REPORT FOCUSES ON
00:01:19REPUBLICAN FUNDRAISER AND COIN
DEALER TOM NOE.
00:01:23MEYER SAYS NOE HID OR
MISDIRECTED NEARLY $5 MILLION
00:01:26AWAY FROM THE $50 MILLION STATE
INVESTMENT THAT WAS SUPPOSED TO
00:01:31GO INTO RARE COINS.
BUT MEYER CONCLUDES THAT THE 75
00:01:34RESULTING CHANGES AT THE B.W.C.
HAVE MADE THE AGENCY MORE
00:01:39PROFESSIONAL AND ACCOUNTABLE.
HOWEVER, THE OHIO DEMOCRATIC
00:01:42PARTY IS BLASTING THE
LONG-AWAITED REPORT, SAYING
00:01:45THAT IT'S, QUOTING HERE,
NOTHING MORE THAN A COMPILATION
00:01:48OF ALREADY RELEASED,
SEVEN--YEAR-OLD REPORTS FROM
00:01:53OTHER GOVERNMENT AGENCIES.
INTERESTINGLY THIS WEEK IT WAS
00:01:56ALSO ANNOUNCED THAT THE B.W.C.
WILL PUT $50 MILLION INTO A
00:02:00WISCONSIN-BASED REAL ESTATE
INVESTMENT FUND RUN BY A MAJOR
00:02:03BUNDLER OF CAMPAIGN
CONTRIBUTIONS TO REPUBLICAN
00:02:06PRESIDENTIAL CANDIDATES.
A CINCINNATI LAWMAKER CHARGED
00:02:11WITH FRAUD AND THEFT FOR
ALLEGEDLY MISLEADING INVESTORS
00:02:15AND USING THEIR MONEY FOR
PERSONAL GAIN WILL GO ON TRIAL.
00:02:17ONE OF THE BUSINESS PARTNERS OF
61-YEAR-OLD REPUBLICAN STATE
00:02:21REPRESENTIVE PETER BECK HAS
AGREED TO TESTIFY AGAINST HIM
00:02:24IN THAT TRIAL ON 69 FELONY
CHARGES.
00:02:27BECK HAS DENIED THE ALLEGATIONS
AND HAS ALSO BRUSHED OFF CALLS
00:02:31TO RESIGN.
MEANWHILE, A JUDGE HAS DENIED
00:02:34FORMER REPRESENTIVE CLAYTON
LUCKIE'S REQUEST FOR EARLY
00:02:37RELEASE FROM PRISON, SAYING HE
AGREED TO SERVE THREE YEARS.
00:02:42FRANKLIN COUNTY JUDGE COLLEEN
O'DONNELL SAID IN HER TUESDAY
00:02:45RULING THAT "A BARGAIN IS A
BARGAIN."
00:02:48STATE AND FEDERAL INVESTIGATORS
FOUND THAT THE FORMER DAYTON
00:02:51LAWMAKER SKIMMED NEARLY
$130,000 IN CAMPAIGN FUNDS FOR
00:02:55PERSONAL USE AND FAILED TO LIST
CAMPAIGN EXPENDITURES FOR SIX
00:03:00YEARS.
IT IS OFFICIAL, AFTER MONTHS OF
00:03:02SPECULATION ABOUT WHETHER A
SAME-SEX MARRIAGE AMENDMENT
00:03:05WILL BE ON THIS FALL'S BALLOT,
THE GROUP THAT'S PUSHING IT
00:03:09SAYS IT WILL NOT BE.
IAN JAMES OF FREEDOMOHIO SAYS
00:03:12THERE IS NOT TIME TO GATHER AND
SUBMIT SIGNATURES FOR A
00:03:15DIFFERENTLY WORDED AMENDMENT
THAT WAS APPROVED BY THE STATE
00:03:18BALLOT BOARD THIS WEEK.
JAMES HAD RETOOLED THE
00:03:22AMENDMENT TO ADDRESS CONCERNS
RAISED ABOUT RELIGIOUS
00:03:24INSTITUTIONS.
JAMES HAD SAID HE HAD SECURED
00:03:27ALL THE SIGNATURES HE NEEDED TO
PUT THE ORIGINAL AMENDMENT ON
00:03:30THE BALLOT, BUT THE STATE'S
LARGEST GAY RIGHTS GROUP EQUAL
00:03:34OHIO HAD URGED HIM TO WAIT.
NATIONAL EXPERTS SAY THE OHIO
00:03:40DEPARTMENT OF NATURAL RESOURCES
HAS BROKEN NEW GROUND BY
00:03:43DECLARING A PROBABLE CONNECTION
BETWEEN A SERIES OF EARTHQUAKES
00:03:45AND HYDRAULIC FRACTURING
OPERATIONS.
00:03:48THEN HAS CREATED NEW POLICY
BASED ON THAT DISCOVERY.
00:03:52ODNR IS NOW REQUIRING OIL AND
DRILLING COMPANIES TO IMPLEMENT
00:03:54SEISMIC MONITORING POLICY FESS
THEY WANT TO FRACK NEAR A FAULT
00:03:58LINE OR AN AREA KNOWN FOR
SEISMIC ACTIVITY.
00:04:00BUT A CITIZENS' GROUP IS NOT
TAKING THE STATE'S WORD THAT
00:04:05NEW PERMITTING GUIDELINES ON
FRACKING WILL PROTECT PUBLIC
00:04:08HEALTH.
YOUNGSTOWN-BASED FRACKFREE
00:04:10MAHONING VALLEY SAYS THE
SCIENCE BEHIND THE FINDING IS
00:04:13SUSPECT AND THAT NEW PERMIT
CONDITIONS WILL NOT PREVENT
00:04:16FUTURE QUAKES.
AND STATE OFFICIALS SAY THEY'LL
00:04:21INVEST $88.5 MILLION TO UPGRADE
AND MODERNIZE TRAILS, CAMP
00:04:26GROUNDS, CABINS, ROADS AND
OTHER FACILITIES AND AMENITIES
00:04:28IN OHIO'S STATE PARKS OVER THE
NEXT TWO YEARS.
00:04:32THE ANNOUNCEMENT CAME AT GRAND
LAKE ST. MARY'S.
00:04:36THE OUTLAY HEADED TO THE OHIO
DEPARTMENT OF NATURAL RESOURCES
00:04:39THROUGH THE STATE CAPITAL BUDGE
SET MORE THAN FOUR TIMES LARGER
00:04:42THAN AVERAGE.
AND ODNR SAYS OHIOANS CAN WEIGH
00:04:45IN ON WHAT THEY'D LIKE THE
MONEY TO BE USED FOR THROUGH A
00:04:48WEB SIGHT --
PARKS.OHIODNR.GOV/IMPROVEMENTS.
00:04:54CAPITAL PUNISHMENT IN OHIO HAS
BEEN UNDER FIRE FOR YEARS.
00:04:58SINCE OHIO RESUMED EXECUTIONS
IN 1999, 54 KILLERS HAVE BEEN
00:05:02PUT TO DEATH -- SOMETIMES IN
EXECUTIONS THAT HAVE BEEN
00:05:05DESCRIBED AS BOTCHED.
BUT THERE HAS ALSO BEEN A LOT
00:05:08OF CONCERN RAISED ABOUT THE
APPLICATION OF THE DEATH
00:05:10PENALTY ACROSS THE STATE.
AMONG THOSE WHO'VE SPOKEN OUT
00:05:14HAVE BEEN FORMER PRISONS
DEPARTMENT HEAD TERRY COLLINS,
00:05:17WHO HAD BEEN THE WARDEN AT THE
SOUTHERN OHIO CORRECTIONAL
00:05:20FACILITY IN LUCASVILLE, WHERE
EXECUTIONS ARE PERFORMED.
00:05:23AND JUSTICE PAUL PFEIFER WAS ON
THIS SHOW TWO YEARS AGO
00:05:26SPEAKING OUT AGAINST THE DEATH
PENALTY STATUTE THAT HE HELPED
00:05:30CREATE WHEN HE WAS A REPUBLICAN
STATE SENATOR.
00:05:33TWO YEARS AGO, OHIO SUPREME
COURT CHIEF JUSTICE MAUREEN
00:05:36O'CONNOR AND THE PRESIDENT OF
THE OHIO STATE BAR ASSOCIATION
00:05:40CREATED A PANEL OF NEARLY TWO
DOZEN MEMBERS TO REVIEW THE
00:05:43ADMINISTRATION OF THE STATE'S
DEATH PENALTY AND SUGGEST
00:05:46CHANGES IF THE MEMBERS FELT
THEY WERE NEEDED.
00:05:48BUT ONE THING WAS CLEAR -- THE
TASK FORCE WOULD NOT BE
00:05:52REPORTING ON WHETHER OHIO
SHOULD OR SHOULD NOT HAVE A
00:05:55DEATH PENALTY.
THE TASK FORCE IS MADE UP OF A
00:05:58BIPARTISAN GROUP OF LAWMAKERS,
INCLUDING SENATORS BILL SEITZ
00:06:02OF CINCINNATI AND SHIRLEY SMITH
OF CLEVELAND, AND
00:06:05REPRESENTATIVES MARGARET CONDIT
OF HAMILTON AND MIKE STINS
00:06:09YANNI OF CLUM PUS, PUBLIC
DEFENDER TIM YOUNG, LAW
00:06:12PROFESSOR, LAW ENFORCEMENT,
ATTORNEYS, JUDGES AND
00:06:14PROSECUTORS.
THE TASK FORCE WAS TO HAVE ITS
00:06:16REPORT DONE IN MAY 2013.
A DRAFT LIST OF 56 RECOMMENDS
00:06:23WAS DELIVERED LAST MONTH, AFTER
A PROCESS THAT'S BEEN DESCRIBED
00:06:25AS CONTENTIOUS AND CHALLENGING.
AMONG THE SUGGESTIONS --
00:06:29REQUIRING EITHER BIOLOGICAL
EVIDENCE, SUCH AS D.N.A., OR A
00:06:33VIDEOTAPED CONFESSION FOR A
DEATH SENTENCE, ELIMINATING THE
00:06:37DEATH PENALTY AS PUN ISSUEMENT
FOR A MURDER THAT HAPPENS
00:06:40DURING THE COMMISSION OF
ANOTHER CRIME SUCH AS
00:06:42KIDNAPPING OR RAPE, BUT THE
DEATH PENALTY COULD STILL BE AN
00:06:45OPTION IF THE VICTIM IS A CHILD
OR A POLICE OFFICER, AND
00:06:48BANNING THE EXECUTIONS OF
PEOPLE WHO HAVE SERIOUS MENTAL
00:06:54ILLNESSES AT THE TIME OF THEIR
CRIMES.
00:06:55LAST WEEK, I SPOKE WITH CHIEF
JUSTICE MAUREEN O'CONNOR ABOUT
00:06:58THE DRAFT LIST OF
RECOMMENDATION.
00:07:00>> THERE ARE, YOU KNOW,
PROPOSALS IN THAT REPORT IF THE
00:07:05PROPOSALED THAT ARE CONTAINED
IN THE DRAFT ARE GOING TO ALSO
00:07:08BE IN THE FINAL VERSION, YES,
THERE'S THINGS THAT THE
00:07:11LEGISLATURE WOULD BE INVOLVED
IN TAKING A LOOK AT.
00:07:15THERE IS THE PROPOSAL, FOR
EXAMPLE, TO ELIMINATE THE DEATH
00:07:21PENALTY FOR A DEATH AS A RESULT
OF INFORMATION OF ANOTHER
00:07:28CRIME, SUCH AS KIDNAPPING,
RAPE, YOU KNOW, AGGRAVATED --
00:07:33CERTAIN AGGRAVATED FELONIES.
THERE'S A PROPOSAL IN THAT TO
00:07:37ELIMINATE THAT WILL BE THE
TRIGGER FOR THE DEATH PENALTY.
00:07:41HIGHLY CONTROVERSIAL.
YOU KNOW, IT WAS AN
00:07:44ALL-INCLUSIVE TASK FORCE.
THERE WERE AS MANY PEOPLE AS
00:07:47NEEDED TO BE AT THE TABLE, FROM
PROSECUTORS TO EDUCATORS TO,
00:07:52YOU KNOW, PUBLIC DEFENDERS,
MEMBERS OF THE JUDICIARY.
00:07:57YOU NAME IT, THEY WERE AT THE
TABLE.
00:07:59AND THIS HAS TAKEN QUITE A
WHILE TO HAVE THIS REPORT, I
00:08:04INITIALLY ANTICIPATED THAT IT
WOULD PROBABLY TAKE ABOUT A
00:08:06YEAR PLUS.
AND IT HAS TAKEN SIGNIFICANTLY
00:08:08LONGER.
MY, YOU KNOW, RECOMMENDATION TO
00:08:11THEM WAS TAKE AS LONG AS YOU
WANT.
00:08:13THIS IS SO IMPORTANT.
I DO NOT WANT TO SEE YOU
00:08:16CONSTRAINED BY AN ARTIFICIAL
TIMELINE THAT I CREATED, YOU
00:08:19KNOW.
INITIALLY, TAKE THE TIME THAT
00:08:22YOU NEED IN ORDER TO GET THIS
OUT.
00:08:23SO I THINK IT'S TAKEN ABOUT A
YEAR LONGER THAN WHAT WE
00:08:26THOUGHT, BUT THE PRODUCT WILL
BE THOROUGH.
00:08:29THE PRODUCT WILL BE WELL
VETTED.
00:08:30IT WILL BE CONTROVERSIAL.
THERE'S NO TWO WAYS ABOUT IT.
00:08:34THERE ARE PASSIONS ON BOTH
SIDES OF THIS QUESTION.
00:08:36LEGITIMATE POSITIONS ON BOTH
SIDES OF THIS QUESTION.
00:08:40AND WE AS A STATE NEED TO
RECOGNIZE THAT AND MOVE
00:08:43FORWARD.
>> AMONG THOSE ON THE TASK
00:08:46FORCE ARE FOUR PROSECUTORS,
STEPHEN SCHUMAKER FROM THE
00:08:50STATE ATTORNEY GENERAL'S
OFFICE, RICHARD BELL FROM THE
00:08:54CUYAHOGA COUNTY PROSECUTOR'S
OFFICE, HAMILTON COUNTY
00:08:57PROSECUTOR JOE DETERS AND
FRANKLIN COUNTY PROSECUTOR RON
00:08:59O'BRIEN.
THIS WEEK O'BRIEN PRESENTED TO
00:09:01THE COURT A MINORITY REPORT OR
DISSENT, OUTLINING THE
00:09:06OBJECTIONS THE PROSECUTORS HAVE
TO SOME OF THE RECOMMENDATIONS.
00:09:08I TALKED WITH O'BRIEN ABOUT
THEIR CONCERNS.
00:09:11>> OUR VIEW IN SOME RESPECT WAS
THE CHIEF JUSTICE, WHEN SHE
00:09:18ASKED US TO PARTICIPATE IN THIS
TASK FORCE, SAID FIRST THAT A
00:09:24MORATORIUM WAS NOT ON THE
TABLE, NOR WAS A REPEAL OR
00:09:27ABOLITION OF THE DEATH PENALTY,
PART OF THE GROUP'S CHARTER.
00:09:30BUT MANY OF THE RECOMMENDATIONS
WOULD ACCOMPLISH JUST THAT.
00:09:35INCLUDING A RECOMMENDATION THAT
SUGGESTS THAT DEATH PENALTY
00:09:45SPECIFICATIONS CURRENTLY UNDER
OHIO LAW ARE AVAILABLE FOR
00:09:49KIDNAPPING, RAPE, AGGRAVATED
BURGLARY, AGGRAVATED ARSON AND
00:09:55AGGRAVATED ROBBERY BE REPEALED.
NOW, THAT IS PROBABLY, IF YOU
00:09:59ASK THE PUBLIC, OR ANY
PROSECUTOR HANDLING THESE KIND
00:10:02OF CASES, THE MOST SERIOUS KIND
OF CASE YOU CAN THINK OF IS A
00:10:06RAPE, KIDNAPPING OF A YOUNG
WOMAN, AN ARMED ROBBERY, WHERE
00:10:15THERE'S AN EXECUTION OF THE
VICTIM AT A GAS STATION, A
00:10:18CONVENIENCE STORE, OR ANYWHERE
ELSE, AND THIS TASK FORCE HAS
00:10:23RECOMMENDED THAT THOSE DEATH
PENALTY SPECIFICATIONS BE
00:10:27REPEALED.
AND AT LEAST IN OUR VIEW,
00:10:29THAT'S BEYOND THE CHARTER OF
THE GROUP IN THE FIRST
00:10:32INSTANCE, BUT SECONDLY, BECAUSE
THEY'RE THE MOST HEINOUS KIND
00:10:36OF CRIMES THAT WE CAN THINK OF
THAT A RECOMMENDATION TO REPEAL
00:10:40THEM IS NOT APPROPRIATE.
IN THE CONTEXT OF THOSE
00:10:46RECOMMENDATIONS THE GOAL THAT
WE WERE ASKED TO CONSIDER AS A
00:10:52GROUP WAS GIVEN THAT AN
ABOLITION WAS NOT BEING ASKED
00:10:57TO BE REVIEWED.
WHAT COULD BE DONE TO MAKE THE
00:11:00IMPOSITION OF THE DEATH PENALTY
IN OHIO MORE FAIR?
00:11:03AND SO WE PRESENTED
RECOMMENDATIONS.
00:11:08CURRENTLY A DEATH PENALTY
MITIGATION HEARING IS ALL ABOUT
00:11:11THE DEFENDANT.
YOU HEAR NOTHING ABOUT THE
00:11:13VICTIM, NOTHING ABOUT THE
VICTIMS' FAMILY, THEIR
00:11:15SURVIVORS, THE IMPACT THE CRIME
HAS HAD ON OTHERS.
00:11:19WHICH IF WE'RE GOING TO HAVE A
FAIR DEATH PENALTY SENTENCING
00:11:24PROCESS, IT SEEMED TO US OUGHT
TO BE PART OF THE EQUATION.
00:11:26AND, IN FACT, IN THE MAJORITY
OF STATES IT IS.
00:11:29>> THERE WAS A RECOMMENDATION
ABOUT STRENGTHENING THE
00:11:32EVIDENCE, I GUESS, THAT WOULD
BE PRESENTED.
00:11:35FOR INSTANCE, THAT MAYBE ONLY
BIOLOGICAL D.N.A. EVIDENCE OR A
00:11:41VIDEOTAPE CONFESSION WOULD BE
THE KIND OF THING THAT WOULD BE
00:11:45NEEDED FOR A DEATH PENALTY
CONVICTION, AND YOU'RE OPPOSED
00:11:48TO THAT IDEA?
>> YEAH, THAT'S RECOMMENDATION
00:11:5117.
AND RECOMMENDATION 17 SAYS IN
00:11:53THE ABSENCE OF D.N.A. OR OH
OTHER BIOLOGICAL EVIDENCE OR A
00:11:59VIDEOTAPE, NOT AUDIO TAPE BUT
VIDEOTAPE STATEMENT THAT THE
00:12:03DEATH PENALTY IS NOT SOMETHING
THAT COULD BE PURSUED BY THE
00:12:06STATE OR RECOMMENDED BY A JURY.
AND CERTAINLY SEVERAL EXAMPLES
00:12:10I GAVE YESTERDAY, BEING THE
BOSTON MARATHON AND BOSTON ON
00:12:19PATRIOT DAY A YEAR AGO, WE HAD
A TERRIBLE BOMBING.
00:12:23IF THAT CRIME WAS COMMITTED IN
OHIO UNDER THAT RECOMMENDATION
00:12:26COULD NOT BE TRIED AND THE
DEATH PENALTY COULD NOT BE
00:12:28SZOTT AS IT IS BEING SOUGHT IN
FEDERAL COURT IN BOSTON.
00:12:33THE OTHER EXAMPLE I GAME WAS
TIMOTHY MCVEIGH, RESPONSIBLE
00:12:37FOR 168 DEATHS IN THE OKLAHOMA
CITY BOMBING.
00:12:39COULD NOT, IF THAT CRIME WAS
COMMITTED HERE IN OHIO
00:12:44TOMORROW, AND THIS RECOMMENDS
WAS IN EFFECT, HE COULD NOT BE
00:12:47PROSECUTED WHERE THE DEATH
PENALTY WOULD BE SOUGHT.
00:12:49AND AGAIN IN TERMS OF
IDENTIFYING THE KINDS OF MOST
00:12:53SERIOUS CRIMES, THE DEATH
PENALTY SHOULD APPLY TO, AND IF
00:12:57WE'RE GOING TO LOOK AT FAIRNESS
ON THE PREMISE THAT THERE IS
00:13:01GOING TO BE AND CURRENTLY IS A
DEATH PENALTY IN OHIO, FAIRNESS
00:13:06WOULD SEEM TO INDICATE THAT
THOSE 168 FAMILIES THAT THE
00:13:12DEATH PENALTY BE SOMETHING THAT
IS CHARGEABLE AND UNDER
00:13:15CONSIDERATION BY A JURY.
AND SIMPLY COULD NOT BE BECAUSE
00:13:18THERE WAS NO D.N.A. EVIDENCE
THAT TIED TIMOTHY MCVEIGH TO
00:13:23THAT BOMBING, NOR DID HE GIVE A
VIDEOTAPED STATEMENT.
00:13:26>> ALSO, THE IDEA OF THIS
DISPARITY, WHERE YOU'VE GOT --
00:13:29YOU MENTIONED JOE DETERS AND
HAMILTON COUNTY.
00:13:3243% OF THE CHARGES IN THAT
COUNTY RECEIVED DEATH
00:13:37SENTENCES, IT IS SIX TIMES WHAT
IT IS HERE IN FRANKLIN COUNTY.
00:13:41HOW DO YOU ADDRESS THAT WITHOUT
GOING TO THE RECOMMENDATION OF
00:13:43A STATE-WIDE PANEL AND STILL
HAVE IT SO THAT IT DOESN'T FEEL
00:13:49LIKE IT'S A LOTTERY AS I
BELIEVE JUSTICE PAUL PFEIFER
00:13:52HAS SAID, IT'S A LOTTERY WHERE
YOU'RE CHARGED GIVES YOU ODDS
00:13:56ON WHETHER YOU'RE GOING TO BE
CHARGED WITH THE DEATH PENALTY
00:13:58OR NOT.
>> I THINK AGAIN YOU HAVE TO GO
00:14:00BACK TO WHAT THE EVIDENCE IS IN
EACH OF THOSE CASES IN HAMILTON
00:14:04COUNTY AND ELSEWHERE, AND
FRANKLY BACK TO THE JURY SYSTEM
00:14:07ITSELF.
THE JURORS ARE THE ONES THAT
00:14:08HEAR THESE CASES BASED ON THE
EVIDENCE, AND THEY MAKE A
00:14:13RECOMMENDATION TO THE JUDGE.
YOU KNOW, I CAN THINK OF A FEW,
00:14:16IF ANY, CASES WHERE JUDGES HAVE
REJECTED RECOMMENDATIONS BY A
00:14:20JURY.
SO UNLESS WE'RE GOING TO SAY
00:14:23THAT THE JURY SYSTEM IS TO BE
ABOLISHED, AND I DON'T THINK
00:14:27ANYONE FAVORS THAT, IN OHIO, I
THINK YOU'RE GOING TO HAVE
00:14:30JURIES IN DIFFERENT PARTS OF
THE STATE, IN DIFFERENT PARTS
00:14:33OF THE COUNTRY LOOKING AT THAT
ULTIMATE QUESTION AND IT'S A
00:14:37SERIOUS ONE.
AND IT SHOULD BE TAKEN SERIOUS
00:14:39BY EVERYONE IN THE PROCESS,
CERTAINLY PROSECUTORS DO.
00:14:42SO THERE'S A LOT OF FACTORS
THAT ENTER INTO DIFFERENT
00:14:46VERDICTS THAT GET RETURNED, BUT
AGAIN, IT SHOULD BE ONLY ON THE
00:14:49EVIDENCE AND ONLY ON WHAT THE
INSTRUCTIONS THE JUDGE MAY
00:14:52GIVE.
>> IN SOME CASES THOUGH, DON'T
00:14:54YOU HAVE A SITUATION WHERE
COUNTY PROSECUTORS CHOOSE NOT
00:14:57TO PURSUE THE DEATH PENALTY
BECAUSE, NOT JUST BECAUSE OF
00:15:00LACK OF EVIDENCE, THEY DON'T
HAVE THE MONEY AND THE MANPOWER
00:15:03TO GO THROUGH A CAPITAL TRIAL
BECAUSE THESE ARE INTENSE
00:15:07SITUATIONS GOING THROUGH A FULL
CAPITAL TRIAL.
00:15:09>> THERE ARE SOME COUNTIES THAT
, DUE TO FINANCIAL RESOURCES,
00:15:14WHEN THEY HAVE A CASE THAT
APPEARS IT COULD BE A DEATH
00:15:17PENALTY CASE, HESITATE TO GO
FORWARD ON THAT BASIS.
00:15:22LUCKILY THE OHIO ATTORNEY
GENERAL HAS OFFERED THEIR
00:15:25SERVICES AND THEY WILL GO INTO
A COUNTY AND BECAUSE A DECISION
00:15:30SHOULD NOT BE MADE ON WHETHER
OR NOT THE DEATH PENALTY IS
00:15:33SOUGHT BASED ON THE FINANCIAL
RESOURCES AVAILABLE IN A GIVEN
00:15:36COUNTY IN THE STATE.
I THINK WE'RE ALL IN AGREEMENT
00:15:38ON THAT.
AND ACTUALLY, I THINK
00:15:41UNANIMOUSLY THE GROUP
RECOMMENDED THAT THERE BE STATE
00:15:43FUNDING ON BOTH SIDES.
PROSECUTION AND DEFENSE.
00:15:47FOR DEATH PENALTY CASES JUST TO
AVOID THAT PROBLEM, AND WE WERE
00:15:51IN COMPLETE AGREEMENT WITH
THAT.
00:15:52>> AND FINALLY, THE WHOLE IDEA
OF THE DEATH PENALTY AS A TOOL
00:15:55FOR PROSECUTORS TO USE TO
BARGAIN, HOW DO YOU THINK THESE
00:16:01RECOMMENDATIONS, IF ANY OF THEM
OR ALL OF THEM, WERE ADOPTED
00:16:05WOULD THAT WEAKEN YOUR USE THAT
OF TOOL?
00:16:08WOULD IT STRENGTHEN IT BECAUSE
THE DEATH PENALTY IS MORE OF A
00:16:10POSSIBILITY?
HOW DO YOU FEEL IT WOULD AFFECT
00:16:13THAT USE OF THAT TOOL?
>> WELL, I DON'T THINK
00:16:16PROSECUTORS USE IT AS A TOOL TO
FORCE A GUILTY PLEA.
00:16:20A CASE MAY BE INDICTED
PERIODICALLY AS A DEATH PENALTY
00:16:26CASE, AND ALL OF A SUDDEN IT
ENDS UP HAVING TO BE PLEA
00:16:30BARGAINED DOWN THE ROAD.
ABOUT THE TIMES I CAN THINK
00:16:33WHERE THAT HAS HAPPENED HERE IN
FRANKLIN COUNTY, IT'S MY
00:16:36WITNESSES DISAPPEAR AND MY CASE
ISN'T THE SAME ON JURY TRIAL
00:16:40DATE AS IT WAS WHEN THE
CHARGING DECISION WAS MADE.
00:16:42SO AGAIN, THE EVIDENCE CHANGES.
I DON'T THINK ANY OF THE
00:16:47PROSECUTORS THAT I'M FAMILIAR
WITH WHO HANDLE DEATH PENALTY
00:16:51CASES USE A DEATH SPECIFICATION
AS A PLEA BARGAINING TOOL.
00:16:56PLEA BARGAINING MAY RESULT
BECAUSE THE FACTS AND THE
00:16:59EVIDENCE HAVE CHANGED FROM THE
TIME OF INDICTMENT TO THE TIME
00:17:02OF TRIAL.
BUT AS I SAY, I REALLY DON'T
00:17:07THINK ANY PROSECUTOR I KNOW IS
USING IT AS A PLEA BARGAINING
00:17:12TOOL.
>> O'BRIEN SAYS ONE
00:17:14RECOMMENDATION HE AGREES WITH
IS A BAN ON DEATH SENTENCES
00:17:17BASED ON TESTIMONY FROM
JAILHOUSE SNITCHES.
00:17:19BUT HE SAYS THAT DOESN'T HAPPEN
BECAUSE, HE SAYS, THAT KIND OF
00:17:23EVIDENCE IS SO SUSPECT THAT NO
PROSECUTOR WOULD GO FOR THE
00:17:26DEATH PENALTY BASED ON IT.
THERE WERE OPPONENTS OF THE
00:17:29STATE'S DEATH PENALTY ON THE
TASK FORCE AS WELL.
00:17:32FOR INSTANCE, ATTORNEY JON PAUL
RION.
00:17:35HE'S THE DAYTON ATTORNEY
REPRESENTING THE FAMILY OF
00:17:37DENNIS MCGUIRE, WHO ARE SUING
THE STATE OVER MCGUIRE'S
00:17:41JANUARY EXECUTION WHICH
SURPRISED EVEN REPORTERS WHO'D
00:17:43WITNESSED MANY EXECUTIONS WITH
ITS LENGTH AND WITH THE WAY
00:17:47MCGUIRE'S BODY APPEARED TO
REACT TO THE DRUGS USED IN THAT
00:17:51LETHAL INJECTION.
THAT WAS THE FIRST TIME IN
00:17:53HISTORY THAT AN INMATE HAD BEEN
PUT TO DEATH WITH THE MIXTURE
00:17:57OF THE SEDATIVE MIDAZOLAM AND
THE PAINKILLER HYDROMORPHONE.
00:18:00RION IS ON THE BOARD OF OHIOANS
TO STOP EXECUTIONS.
00:18:04KEVIN WERNER IS THAT
ORGANIZATION'S EXECUTIVE
00:18:08DIRECTOR,.
I ALSO TALKED WITH HIM THIS
00:18:09WEEK ABOUT THE RECOMMENDATIONS.
>> WELL, I THINK THAT
00:18:12RECOMMENDATION THE TASK FORCE
HAS MADE ARE CERTAIN LAY
00:18:15PROPOSAL YIT.
YOU KNOW, THIS SEMS FROM A 2007
00:18:18REPORT THAT FOUND OHIO FAILED
TO MEET 93% OF GUIDELINES TO
00:18:23ENSURE FAIRNESS AND ACCURACY IN
THE CAPITAL SYSTEM.
00:18:26SO YOU KNOW, 56 RECOMMENDATIONS
THAT CAME FROM THE OHIO TASK
00:18:32FORCE WILL CERTAINLY MAKE THE
SYSTEM MORE FAIR AND MORE
00:18:35ACCURATE.
>> AND WHEN YOU TALK ABOUT
00:18:37FAIRNESS, THE PROSECUTORS SEEM
TO HAVE AN ATTITUDE THAT WHEN
00:18:42THERE IS A DEATH PENALTY CASE,
IT'S BECAUSE THE EVIDENCE IS
00:18:46STRONG.
IT'S NOT DEPENDING NECESSARILY
00:18:48ON WHERE YOU WERE CHARGED AND
THE RACE OF THE VICTIM AND THAT
00:18:51SORT OF THING.
IT ALL DEPENDS ON THE EVIDENCE
00:18:53AND THEY WON'T GO FORWARD WITH
A CAPITAL CASE UNLESS THE
00:18:56EVIDENCE SUPPORTS THAT.
>> SURE.
00:18:57I'M JUST GOING TO SAY, YOU
KNOW, THIS WEEK ARTHUR TYLER
00:19:00HAD A CLEMENCY HEARING.
THAT'S A CASE FROM 30 YEARS
00:19:04AGO.
THERE REALLY ISN'T A DISPUTE AT
00:19:07THIS POINT THAT THERE'S NO REAL
EVIDENCE AGAINST MR. TYLER
00:19:13EXCEPT FOR THE EYEWITNESS
TESTIMONY OF HIS CO-DEFENDANT.
00:19:16SO FOR PROSECUTORS TO INSIST
THAT, YOU KNOW, THE PROCESS IS
00:19:23SOMEHOW SWAYED TO -- IN FAVOR
OF THE DEFENSE IS JUST NOT
00:19:27ACCURATE.
I THINK THAT THE PROSECUTORS
00:19:31DON'T LIKE THE OUTCOME OF THIS
PROCESS.
00:19:36AND SO THAT, I SUSPECT, IS WHY
THERE'S SOME DISAGREEMENT OR
00:19:39WHY THERE'S BEEN SOME -- SOME
FULL-THROATED OPPOSITION TO
00:19:43THIS PROCESS.
>> IT SURE SOUNDS LIKE IT.
00:19:45WHEN THEY CAME OUT WITH THE
DISSENTING REPORT AND THEY EVEN
00:19:48SPOKE OUT BEFORE THE REPORT WAS
PUT TOGETHER.
00:19:50AND PROSECUTORS ALSO SOME
CONCERNS ABOUT THIS
00:19:53RECOMMENDATION, AGAIN IT'S ONLY
A RECOMMENDATION, THAT WOULD
00:19:55REQUIRE BIOLOGICAL D.N.A.
EVIDENCE OR A VIDEOTAPED
00:19:59CONFESSION.
NOT AUDIO, BUT VIDEOTAPED
00:20:01CONFESSION FOR A CAPITAL
CONVICTION.
00:20:04AND THERE WAS SOME CONCERN
RAISED IN A LOT OF REALLY
00:20:08HIGH-PROFILE, REALLY BAD WORST
OF THE WORST KIND OF CRIMES
00:20:10COULD NOT END UP WITH EXECUTION
AS THE PENALTY BECAUSE OF THAT
00:20:17RECOMMENDATION IF IT GOES
FORWARD.
00:20:18>> SURE.
I THINK THAT WHERE WE ALL
00:20:20AGREED, WHERE PROSECUTORS AND
DEFENSE ATTORNEYS AND JUDGE EAS
00:20:24GREED WAS THEY WANTED TO MAKE
THE TRIAL THE MAIN EVENT.
00:20:27AND SO TIGHTENING UP THE RULES
AROUND EVIDENCE AND AROUND
00:20:33PROCEDURES MAKES A LOT OF
SENSE.
00:20:36THERE'S ONE PARTICULAR TASK
FORCE MEMBER WHO HAS BEEN
00:20:39SAYING THAT, YOU KNOW, YOU
WOULDN'T BE ABLE TO INDICT, YOU
00:20:43KNOW, A TERRORIST BOMBER TYPE
OF CASE.
00:20:45AND THAT'S SIMPLY NOT TRUE.
WHAT THE PROSECUTOR LEAVES OUT
00:20:49IS THAT THERE'S A SORT OF
CATCH-ALL THAT WAS DISCUSSED AD
00:20:53NAUSEAM TO MAKE SURE THAT THE
LEGISLATURE FELT IT COULD
00:20:56LEGISLATE IN THIS AREA.
AND THERE'S A FOURTH LINE
00:21:02CRITERIA THAT SAYS IN ANY OTHER
SORT OF, YOU KNOW, WAYS THAT
00:21:05THE LEGISLATURE WANTS TO
INCLUDE IN THIS PARTICULAR
00:21:08RECOMMENDATION, AND SO IT'S
INFLAMMATORY.
00:21:12IT'S FEAR MONGERING.
AND TO SUGGEST THAT OHIO'S
00:21:16DEATH PENALTY IS GOING TO BE
ABOLISHED AS A RESULT OF THESE
00:21:19RECOMMENDATIONS IS A LITTLE BIT
OF A STRETCH.
00:21:21AGAIN, I GO BACK TO, YOU KNOW,
THIS COMES FROM THE SAME GROUP
00:21:23THAT OBJECTS TO THEIR OWN
RECOMMENDATION.
00:21:27AND SO I THINK WE HAVE TO
CONSIDER THE SOURCE.
00:21:29>> AND INDEED THAT WHOLE IDEA
THAT THE DEATH PENALTY WAS NOT
00:21:32OFF THE TABLE, IT WAS NOT GOING
TO BE ELIMINATED.
00:21:34THAT WAS MADE VERY CLEAR BY
CHIEF JUSTICE MAUREEN O'CONNOR
00:21:37IN THE BEGINNING OF THIS
PROCESS.
00:21:39I IMAGINE THOUGH THAT'S A
LITTLE BIT DISAPPOINTING FOR
00:21:43YOU.
>> WELL, I THINK IT IS
00:21:45DISAPPOINTING TO ME AND TO THE
ORGANIZATION FOR WHICH I WORK.
00:21:48HOWEVER, YOU KNOW, OHIO IS A
STATE THAT HAS A LONG HISTORY
00:21:54OF CAPITAL PUNISHMENT.
WE HAVE EXECUTIONS SCHEDULED
00:21:57TWO YEARS IN ADVANCE.
WE KNOW THAT THE DEATH PENALTY
00:21:59IS NOT LEAVING OHIO ANYTIME
SOON.
00:22:04BUT WHERE WE DO AGREE IS THAT
IF WE'RE GOING TO HAVE A
00:22:07SYSTEM, THAT IT NEEDS TO BE
FAIR, IT NEEDS TO BE ACCURATE,
00:22:09IT NEEDS TO MAKE SURE THAT
PEOPLE LIKE ARTHUR TYLER ARE
00:22:13NOT EXECUTED.
IT NEEDS TO ACCOUNT FOR THE SIX
00:22:16INNOCENT MEN WHO WE FREED.
AND SO WE RECOGNIZE THAT AS A
00:22:20WAY TO MAKE THE SYSTEM BETTER,
WHICH THAT'S OUR COMMON GROUND
00:22:24WITH PROSECUTORS, WITH JUDGES,
WITH DEFENSE ATTORNEYS, WE
00:22:27OUGHT TO HAVE A SYSTEM THAT IS
FREE OF ERROR.
00:22:30AND THAT'S WHAT THIS PROCESS
WAS ABOUT.
00:22:32>> MOST LAWMAKERS IN THE
REPUBLICAN DOMINATED GENERAL
00:22:36ASSEMBLY APPEAR TO BE PRO DEATH
PENALTY.
00:22:38A RECENT POLL SHOWED THAT
OHIOANS, WHEN YOU ASKED THEM
00:22:42ABOUT EXECUTIONS, THEY FAVOR
THE DEATH PENALTY 68% TO 26%.
00:22:47BUT WHEN YOU ADD IN THE IDEA OF
LIFE IN PRISON, YOU STILL HAVE
00:22:5147% OF OHIOANS WHO SAY THEY
FAVOR THE DEATH PENALTY.
00:22:53WHERE DO YOU THINK THESE
RECOMMENDSES ARE GOING TO GO
00:22:56WITH THOSE FACTS IN MIND?
>> WELL, I THINK THAT WHAT
00:22:59WE'RE DOING IS ULTIMATELY THE
TASK FORCE IS PRESENTING THE
00:23:02LEGISLATURE AND THE COURT WITH
OPTIONS.
00:23:04AND WHAT WE SEE IS WHEN OPTIONS
ARE AFFORDED, PUBLIC OPINION
00:23:09CHANGES.
AND SO I THINK IF PEOPLE
00:23:11UNDERSTAND THAT THE SYSTEM WILL
BE MADE BETTER, IT WILL BE MORE
00:23:15FAIR, IT WILL BE MORE ACCURATE,
THOSE ARE THINGS THAT WE SHOULD
00:23:18STRIVE FOR AND WE SHOULD REACH
FOR.
00:23:20SO I THINK THE PUBLIC OPINION
IS, YOU KNOW, THE PUBLIC WANTS
00:23:24THESE KINDS OF THINGS.
THE PUBLIC DOESN'T WANT TO PAY
00:23:27FOR INCARCERATION AND TRIAL AND
APPEALS 30 YEARS FOR A GUY WHO
00:23:30MAY NOT HAVE BEEN RESPONSIBLE
FOR A CRIME.
00:23:34THAT'S NOT EFFICIENT.
THAT'S NOT A GOOD USE OF TAX
00:23:36DOLLARS.
SO I THINK PUBLIC OPINION DOES
00:23:38SUPPORT THESE KINDS OF
RECOMMENDATIONS BECAUSE AT THE
00:23:41END OF THE DAY IT'S ABOUT
FAIRNESS.
00:23:44>> BUT PUBLIC OPINION ALSO
SEEMS TO SUPPORT A SEVERE, THE
00:23:50WORST PENALTY THAT THE STATE
CAN GIVE FOR THE WORST OF THE
00:23:52WORST CRIMINALS.
>> SURE.
00:23:53WHAT HAPPENED WE'VE SEEN IS
THAT THE SUPPORT FOR THE DEATH
00:23:56PENALTY IS CONTINUOUSLY
DECLINED.
00:23:59EVEN AMONG PROSECUTORS, JURIES,
JUDGES.
00:24:01I MEAN, WE'RE AT AN ALL-TIME
LOW WITH THE NUMBERS OF NEW
00:24:04DEATH SENTENCES, CERTAINLY WITH
INDICTMENTS IN 2013.
00:24:09AND THAT'S BECAUSE JURORS ARE
LESS THAN COMFORTABLE WITH
00:24:14DEATH AS THE ULTIMATE SANCTION.
THE MINUTE OHIO INTRODUCED LIFE
00:24:18WITHOUT PAROLE IN 1996, THE
NUMBERS STARTED TO JUST DROP
00:24:21OFF.
AND SO THAT TELLS US THAT THE
00:24:26PUBLIC IS NOT AS WEDDED TO
CAPITAL PUNISHMENT AS WHAT WE
00:24:29THINK.
>> ONE OF THE MAJOR POINTS OF
00:24:31CONTENTION IN THE REPORT IS A
RECOMMENDATION THAT A COMMITTEE
00:24:35OF FORMER PROSECUTORS AND
ATTORNEYS IN THE A.G.'S OFFICE
00:24:37REVIEW CASES TO DECIDE IF
COUNTY PROSECUTORS CAN SEEK THE
00:24:41DEATH PENALTY.
O'BRIEN SAYS THAT TAKES AWAY A
00:24:45CRITICAL POWER THAT PROSECUTORS
ARE ELECTED TO USE.
00:24:48BUT WERNER SAYS THOSE
PROSECUTORS SHOULD BE PREPARED
00:24:52TO SHOULDER THE FINANCIAL
BURDEN OF CAPITAL TRIALS AND
00:24:56THE MANY YEARS OF APPEALS THAT
FOLLOW IF THEY WANT TO PURSUE
00:25:00THOSE CASES.
THE RECOMMENDATIONS TURNED IN
00:25:03BY THE TASK FORCE AGAIN ARE A
DRAFT.
00:25:04CHIEF JUSTICE O'CONNOR SAYS SHE
EXPECTS THE FINAL REPORT ON THE
00:25:09RECOMMENDATIONS TO COME OUT
NEXT MONTH.
00:25:11AND THAT'S IT FOR THIS WEEK.
FOR MY COLLEAGUES AT OHIO
00:25:14PUBLIC RADIO AND TELEVISION,
THANKS FOR WATCHING.
00:25:17IF YOU'D LIKE TO ASK QUESTIONS,
MAKE COMMENTS, OR WATCH THIS
00:25:18WEEK'S SHOW OR EARLIER
EPISODES, PLEASE VISIT OUR
00:25:20WEBSITE AT STATENEWS.ORG, OR
WATCH ON THE OHIO CHANNEL'S
00:25:21WEBSITE.
AND YOU CAN FOLLOW JO INGLES,
00:25:30ANDY CHOW AND ME ON TWITTER.
AND PLEASE JOIN US AGAIN NEXT
00:25:34TIME FOR "THE STATE OF OHIO."
00:26:04CAPTIONED BY THE
NATIONAL CAPTIONING INSTITUTE
00:26:05--WWW.NCICAP.ORG--
>> SUPPORT FOR THE STATEWIDE
00:26:18BROADCAST OF "THE STATE OF
OHIO" COMES FROM THE LAW
00:26:20OFFICES OF PORTER, WRIGHT,
MORRIS & ARTHUR LLP., HELPING
00:26:22BUSINESSES AND INDIVIDUALS
SOLVE COMPLEX LEGAL PROBLEMS
00:26:23THROUGHOUT OHIO, ACROSS THE
COUNTRY AND AROUND THE WORLD --
00:26:25ON THE WEB AT
PORTERWRIGHT.COM.
00:26:32AND FROM THE OHIO EDUCATION
ASSOCIATION, REPRESENTING
00:26:33121,000 TEACHERS, SUPPORT
PROFESSIONALS AND HIGHER
00:26:35EDUCATION FACULTY, COMMITTED TO
THE SUCCESS OF EVERY CHILD,
00:26:41ONLINE AT OHEA.ORG.
Note : Transcripts are compiled from uncorrected captions