Post by thinkinkmesa on Jan 12, 2010 11:05:56 GMT -5
ohiodeathrow.blogspot.com/2009/05/charles-lorraine.html
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Killer getting hearing
A hearing is scheduled for this afternoon to begin determining whether local convicted killer and Ohio death row inmate Charles Lorraine is mentally retarded.
Common Pleas Judge Andrew Logan has scheduled Lorraine's expert to testify this afternoon; experts for the prosecution and the court will testify Wednesday and possibly Thursday. The judge will consider the testimony and results of examinations of Lorraine before rendering a decision later.
Lorraine, 43, was sentenced to die for the 1986 stabbing deaths of Doris, 80, and Raymond Montgomery, 77, of Haymaker Avenue N.W., Warren. He was 19 at the time. He is on death row in Youngstown.
The mental health expert hired by the defense has proclaimed that Lorraine ''possesses skills that are above the range of intellectual disability.''
The opinion by psychologist Dr. Timothy Rheinscheld of Columbus is a major obstacle for the murderer's claim that he is mentally retarded and unfit for execution.
Two other experts - Dr. Gregory Olley of North Carolina and Dr. Nancy J. Huntsman of Beachwood - already have reported that their test results on Lorraine show him to be nowhere near the mentally retarded level.
With three experts all on the same page, Trumbull Prosecutor Dennis Watkins and his chief appellate assistant LuWayne Annos asked Logan to dismiss Lorraine's claim. Logan denied that request, opting for the formal hearing.
Lorraine's attorneys, Luigia Tenuta and Marc Triplett, had asked for a jury to consider Lorraine's claim and also that the number of experts be limited. Logan ruled against those arguments in 2006.
The U.S. Supreme Court ruled in 2002 that anyone with an IQ of less than 70 is not eligible for execution. Annos has said trial records showed Lorraine's IQ score was 83 in first grade, 85 in third grade, 73 in sixth grade and 75 at age 20. Annos said he can be tested again in prison, which she believes would prove Lorraine's mental capabilities are beyond the borderline.
Rheinscheld interviewed Lorraine face-to-face Sept. 25 on death row at the Ohio State Penitentiary in Youngstown and reported that Lorraine admitted to painting pictures using the method of Bob Ross, an artist who had an instructional painting show on PBS, and watching TV, including the Cleveland Cavaliers.
''Lorraine does not meet the criteria for having an intellectual disability (mental retardation). The diagnoses of conduct disorder as a child and antisocial personality disorder as an adult better describes his functioning,'' Rheinscheld wrote in his report.
''The low IQ testing is likely affected by Mr. Lorraine by not providing his best effort on a standardized test of intelligence while in school or his most recent evaluation of intelligence,'' Rheinscheld said.
Lorraine is one of eight Trumbull County killers facing execution and one of three who have used the mental retardation issue to try to spare their lives. The two other inmates - Danny Lee Hill and Andre Williams - were unsuccessful in their claims and appeals of those claims so far. Two other Trumbull death row inmates - Jason Getsy and Kenneth Biros - were executed last year.
www.tribtoday.com/page/content.detail/id/532160.html?nav=5021
___________________________________________
Killer getting hearing
A hearing is scheduled for this afternoon to begin determining whether local convicted killer and Ohio death row inmate Charles Lorraine is mentally retarded.
Common Pleas Judge Andrew Logan has scheduled Lorraine's expert to testify this afternoon; experts for the prosecution and the court will testify Wednesday and possibly Thursday. The judge will consider the testimony and results of examinations of Lorraine before rendering a decision later.
Lorraine, 43, was sentenced to die for the 1986 stabbing deaths of Doris, 80, and Raymond Montgomery, 77, of Haymaker Avenue N.W., Warren. He was 19 at the time. He is on death row in Youngstown.
The mental health expert hired by the defense has proclaimed that Lorraine ''possesses skills that are above the range of intellectual disability.''
The opinion by psychologist Dr. Timothy Rheinscheld of Columbus is a major obstacle for the murderer's claim that he is mentally retarded and unfit for execution.
Two other experts - Dr. Gregory Olley of North Carolina and Dr. Nancy J. Huntsman of Beachwood - already have reported that their test results on Lorraine show him to be nowhere near the mentally retarded level.
With three experts all on the same page, Trumbull Prosecutor Dennis Watkins and his chief appellate assistant LuWayne Annos asked Logan to dismiss Lorraine's claim. Logan denied that request, opting for the formal hearing.
Lorraine's attorneys, Luigia Tenuta and Marc Triplett, had asked for a jury to consider Lorraine's claim and also that the number of experts be limited. Logan ruled against those arguments in 2006.
The U.S. Supreme Court ruled in 2002 that anyone with an IQ of less than 70 is not eligible for execution. Annos has said trial records showed Lorraine's IQ score was 83 in first grade, 85 in third grade, 73 in sixth grade and 75 at age 20. Annos said he can be tested again in prison, which she believes would prove Lorraine's mental capabilities are beyond the borderline.
Rheinscheld interviewed Lorraine face-to-face Sept. 25 on death row at the Ohio State Penitentiary in Youngstown and reported that Lorraine admitted to painting pictures using the method of Bob Ross, an artist who had an instructional painting show on PBS, and watching TV, including the Cleveland Cavaliers.
''Lorraine does not meet the criteria for having an intellectual disability (mental retardation). The diagnoses of conduct disorder as a child and antisocial personality disorder as an adult better describes his functioning,'' Rheinscheld wrote in his report.
''The low IQ testing is likely affected by Mr. Lorraine by not providing his best effort on a standardized test of intelligence while in school or his most recent evaluation of intelligence,'' Rheinscheld said.
Lorraine is one of eight Trumbull County killers facing execution and one of three who have used the mental retardation issue to try to spare their lives. The two other inmates - Danny Lee Hill and Andre Williams - were unsuccessful in their claims and appeals of those claims so far. Two other Trumbull death row inmates - Jason Getsy and Kenneth Biros - were executed last year.
www.tribtoday.com/page/content.detail/id/532160.html?nav=5021
