Post by thinkinkmesa on Apr 2, 2009 9:15:29 GMT -5
Doubt in the Hartmann case
A federal appeals court wisely pushes back the execution
Published on Thursday, Apr 02, 2009
Athree-judge panel of the 6th U.S. Circuit Court of Appeals advised caution, and rightly so, in the pending execution of Brett Hartmann. The judges ruled unanimously this week in granting a ''brief stay,'' allowing for close examination of the claim by Hartmann and his attorneys that further development of the evidence will show that he did not murder Winda Snipes inside her Highland Square apartment in September 1997.
The tone of the ruling deserves attention, the judges emphasizing the value of taking extra steps to be certain, especially when the death penalty is involved, its finality leaving no room to correct errors. The court cited the Hartmann contention that a jailmate lied when testifying at trial that Hartmann confessed to him. On Wednesday, Phil Trexler, a Beacon Journal staff writer, reported that at the time, an attorney for the jailmate attempted to report the perjury to the trial judge.
That possibility of false testimony becomes all the more important because the prosecution highlighted the jailmate's role in convicting Hartmann.
The appeals court panel also pointed to the value of DNA testing of crime-scene evidence, including an electric clock and hairs found on the victim's body. The testing becomes more critical in view of a former boyfriend who lived nearby and had threatened the victim. The court noted that the former boyfriend appears to lack an alibi.
Why not proceed with the DNA testing? Sherri Bevan Walsh, the Summit County prosecutor, maintains the evidence against Hartmann is overwhelming. At the same time, the prosecution hardly has anything to lose in allowing the tests. The results may confirm that Hartmann is guilty, or raise doubts about the conviction, or point to his innocence, preventing the state from commiting a horrible mistake.
As it is, Ted Strickland has on his desk the recommendation of the Ohio Parole Board to proceed with the execution. The governor now will wait for the federal courts. He would do well to be mindful of what the appellate judges advised: Be certain.
Athree-judge panel of the 6th U.S. Circuit Court of Appeals advised caution, and rightly so, in the pending execution of Brett Hartmann. The judges ruled unanimously this week in granting a ''brief stay,'' allowing for close examination of the claim by Hartmann and his attorneys that further development of the evidence will show that he did not murder Winda Snipes inside her Highland Square apartment in September 1997.
The tone of the ruling deserves attention, the judges emphasizing the value of taking extra steps to be certain, especially when the death penalty is involved, its finality leaving no room to correct errors. The court cited the Hartmann contention that a jailmate lied when testifying at trial that Hartmann confessed to him. On Wednesday, Phil Trexler, a Beacon Journal staff writer, reported that at the time, an attorney for the jailmate attempted to report the perjury to the trial judge.
That possibility of false testimony becomes all the more important because the prosecution highlighted the jailmate's role in convicting Hartmann.
The appeals court panel also pointed to the value of DNA testing of crime-scene evidence, including an electric clock and hairs found on the victim's body. The testing becomes more critical in view of a former boyfriend who lived nearby and had threatened the victim. The court noted that the former boyfriend appears to lack an alibi.
Why not proceed with the DNA testing? Sherri Bevan Walsh, the Summit County prosecutor, maintains the evidence against Hartmann is overwhelming. At the same time, the prosecution hardly has anything to lose in allowing the tests. The results may confirm that Hartmann is guilty, or raise doubts about the conviction, or point to his innocence, preventing the state from commiting a horrible mistake.
As it is, Ted Strickland has on his desk the recommendation of the Ohio Parole Board to proceed with the execution. The governor now will wait for the federal courts. He would do well to be mindful of what the appellate judges advised: Be certain.
www.ohio.com/editorial/opinions/42314262.html
Comment section below article.
A federal appeals court wisely pushes back the execution
Published on Thursday, Apr 02, 2009
Athree-judge panel of the 6th U.S. Circuit Court of Appeals advised caution, and rightly so, in the pending execution of Brett Hartmann. The judges ruled unanimously this week in granting a ''brief stay,'' allowing for close examination of the claim by Hartmann and his attorneys that further development of the evidence will show that he did not murder Winda Snipes inside her Highland Square apartment in September 1997.
The tone of the ruling deserves attention, the judges emphasizing the value of taking extra steps to be certain, especially when the death penalty is involved, its finality leaving no room to correct errors. The court cited the Hartmann contention that a jailmate lied when testifying at trial that Hartmann confessed to him. On Wednesday, Phil Trexler, a Beacon Journal staff writer, reported that at the time, an attorney for the jailmate attempted to report the perjury to the trial judge.
That possibility of false testimony becomes all the more important because the prosecution highlighted the jailmate's role in convicting Hartmann.
The appeals court panel also pointed to the value of DNA testing of crime-scene evidence, including an electric clock and hairs found on the victim's body. The testing becomes more critical in view of a former boyfriend who lived nearby and had threatened the victim. The court noted that the former boyfriend appears to lack an alibi.
Why not proceed with the DNA testing? Sherri Bevan Walsh, the Summit County prosecutor, maintains the evidence against Hartmann is overwhelming. At the same time, the prosecution hardly has anything to lose in allowing the tests. The results may confirm that Hartmann is guilty, or raise doubts about the conviction, or point to his innocence, preventing the state from commiting a horrible mistake.
As it is, Ted Strickland has on his desk the recommendation of the Ohio Parole Board to proceed with the execution. The governor now will wait for the federal courts. He would do well to be mindful of what the appellate judges advised: Be certain.
Athree-judge panel of the 6th U.S. Circuit Court of Appeals advised caution, and rightly so, in the pending execution of Brett Hartmann. The judges ruled unanimously this week in granting a ''brief stay,'' allowing for close examination of the claim by Hartmann and his attorneys that further development of the evidence will show that he did not murder Winda Snipes inside her Highland Square apartment in September 1997.
The tone of the ruling deserves attention, the judges emphasizing the value of taking extra steps to be certain, especially when the death penalty is involved, its finality leaving no room to correct errors. The court cited the Hartmann contention that a jailmate lied when testifying at trial that Hartmann confessed to him. On Wednesday, Phil Trexler, a Beacon Journal staff writer, reported that at the time, an attorney for the jailmate attempted to report the perjury to the trial judge.
That possibility of false testimony becomes all the more important because the prosecution highlighted the jailmate's role in convicting Hartmann.
The appeals court panel also pointed to the value of DNA testing of crime-scene evidence, including an electric clock and hairs found on the victim's body. The testing becomes more critical in view of a former boyfriend who lived nearby and had threatened the victim. The court noted that the former boyfriend appears to lack an alibi.
Why not proceed with the DNA testing? Sherri Bevan Walsh, the Summit County prosecutor, maintains the evidence against Hartmann is overwhelming. At the same time, the prosecution hardly has anything to lose in allowing the tests. The results may confirm that Hartmann is guilty, or raise doubts about the conviction, or point to his innocence, preventing the state from commiting a horrible mistake.
As it is, Ted Strickland has on his desk the recommendation of the Ohio Parole Board to proceed with the execution. The governor now will wait for the federal courts. He would do well to be mindful of what the appellate judges advised: Be certain.
www.ohio.com/editorial/opinions/42314262.html
Comment section below article.