Death Penalty Appeal Concerns Prisoner Who Killed Another Prisoner in Psychiatric Unit
State of Ohio v. Victoria Michelle Drain, Case No. 2020-0652
Warren County Common Pleas Court
While serving a prison sentence at the Warren Correctional Institution, Victoria Michelle Drain attacked and murdered someone else incarcerated at the facility. Drain pleaded no contest to multiple offenses and was sentenced to death for the April 2019 murder. Individuals facing the death penalty in the state receive an automatic appeal to the Supreme Court of Ohio.
Drain's brief states that Drain was identified as male at birth but as a transgender person prefers the name Victoria and to use female pronouns. The Warren County prosecutor's brief uses male pronouns for Drain. The prosecutor writes that the state's use of male pronouns is based on the evidence in the trial court record and a statement Drain made to a psychologist during the trial expressing a preference for male pronouns.