|
|
Post by thinkinkmesa on Aug 22, 2011 12:10:37 GMT -5
|
|
|
|
Post by thinkinkmesa on Aug 22, 2011 12:16:40 GMT -5
Appeals court: No new trial for man convicted in deaths of 2 Toledo women Excerpt; Judge Gilbert S. Merritt issued one of the five dissenting votes in the case favoring a new trial. He said the witnesses’ original report should have been turned over to the defense before the trial. “In a case of blatant prosecutorial misconduct, no one has seriously contested the fact that the prosecutor suppressed the evidence simply because it was inconsistent with his theory of the case,’’ he wrote. “The district court concluded that the case should be retried in state court. We should not retry it here on appeal, as my colleagues suggest. Montgomery is entitled to a jury trial free of gross prosecutorial misconduct.’’ To read more; www.toledoblade.com/Courts/2011/08/22/Appeals-court-No-new-trial-for-man-convicted-in-deaths-of-2-Toledo-women.html |
|
|
|
Post by thinkinkmesa on Aug 29, 2011 15:01:17 GMT -5
The 6th Circuit, sitting en banc and by a 9-5 vote, reversed the decision of a three-judge panel and decided that William Montgomery shouldn't get a new trial. (exculpatory evidence the state concealed) www.ca6.uscourts.gov/opinions.pdf/11a0228p-06.pdf |
|
|
|
Post by thinkinkmesa on May 17, 2012 11:36:13 GMT -5
Supreme Court rejects death-row inmate's appeal The U.S. Supreme Court has declined to hear an appeal from an Ohio death-row inmate who, during his lengthy legal battle, won an overturning of his conviction, only for it to be reinstated. William T. Montgomery, 46, of Toledo was convicted in the 1986 murders of two South Toledo roommates, a conviction that more than 20 years later was overturned by a federal judge in 2007. After four years of legal arguments, the U.S. 6th Circuit Court of Appeals overturned the decision and ordered a new trial. It was the 2011 decision that Montgomery's defense attorney had hoped the Supreme Court would hear. However, with the high court's decision, Montgomery will again face execution now that his appeals are exhausted. "Review in the Supreme Court is very difficult to obtain," lawyer Rick Kerger said. "I can't say I'm surprise but I'm am very disappointed. We thought we had some good issues." More; www.toledoblade.com/Courts/2012/05/17/Supreme-Court-rejects-death-row-inmate-s-appeal.html |
|
|
|
Post by thinkinkmesa on Sept 28, 2012 22:36:12 GMT -5
|
|
|
|
Post by thinkinkmesa on Sept 28, 2012 22:42:00 GMT -5
|
|
|
|
Post by thinkinkmesa on May 28, 2014 19:39:31 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 5, 2018 11:03:04 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 5, 2018 11:10:02 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 5, 2018 11:17:24 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 8, 2018 13:17:59 GMT -5
Condemned Ohio killer claims innocence, asks for mercy A condemned Ohio killer scheduled to die next month should be spared because of the possibility of other suspects and questions about when one of the victims was slain, attorneys planned to argue to the state's parole board on Thursday. At issue before the board is the conviction and death sentence of William Montgomery for the fatal shooting of Debra Ogle in 1986 in the Toledo area. Montgomery also was convicted of murder but not sentenced to death for the shooting of Cynthia Tincher, Ogle's roommate. Montgomery is set to die on April 11. Republican Gov. John Kasich has the final say. Ogle and Tincher were killed March 8, 1986, with Ogle shot as part of a robbery and Tincher killed because she could identify Montgomery and his co-defendant, Glover Heard, according to the Lucas County prosecutor. Tincher's body was found in her car on March 8. Ogle's body was found in woods on March 13. Heard and Montgomery each blamed the other for the killings. Heard pleaded guilty and agreed to testify against Montgomery in exchange for prosecutors dropping death penalty charges and a child molesting charge. Prosecutors say evidence points to Montgomery as the killer, including his gun being used in both killings and eyewitnesses who saw him near Tincher's car where she was found dead. Montgomery also dropped off a jacket at the dry cleaner the day of the killings, described as "putting a yellowish brown, brownish dripping mess on the floor," according to prosecutors. The "Ohio Parole Board should conclude that executive clemency is not warranted," Lucas County Prosecutor Julia Bates told the board in a filing ahead of Thursday's hearing. Montgomery's attorneys say an examination of Ogle's autopsy casts doubt on the state's version of the killings, which then calls into question the entire case against Montgomery. Ogle's body lacked signs of decomposition natural for a body left outside for several days and the pooling of blood known as "lividity" indicated she died within six to 12 hours before she was found on nMarch 13, 1986, and not a few days earlier on March 8, according to the review by Colorado-based Independent Forensic Services. Montgomery's attorneys also argue: — The state withheld information at trial about other suspects, including jealous boyfriends and a "drug cartel" hit man, and evidence that Ogle was seen alive after March 8. — A juror who recommended death for Montgomery said in an affidavit last month he would not have done so based on the new evidence, including discrepancies about Ogle's death. — Another juror should not have been allowed to stay on the case after telling the trial judge she was a psychiatric patient who claimed to have seen a psychiatrist testifying on behalf of Montgomery in a dream 22 years earlier. "Clemency is warranted so that the State of Ohio does not execute a man who was given an unfair trial and was convicted and sentenced on a false set of facts," defense attorney Jon Oebker told the board in a filing www.foxnews.com/us/2018/03/08/condemned-ohio-killer-claims-innocence-asks-for-mercy.html |
|
|
|
Post by thinkinkmesa on Mar 8, 2018 13:23:12 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 11, 2018 12:36:30 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 11, 2018 12:38:51 GMT -5
Excerpt; I served as a member of the Supreme Court Joint Task Force on the Administration of Ohio’s Death Penalty from 2011-2014. I was appointed because of my deep experience with death penalty litigation and related issues. The Task Force was established by Chief Justice of the Ohio Supreme Court Maureen O’Connor. It included academics like myself, legislators, prosecutors, defense attorneys, judges, law enforcement, and other experts. More than a dozen of our 56 recommendations will, if implemented, help prevent future wrongful convictions. These include: Read more; www.toledoblade.com/Op-Ed-Columns/2018/03/10/Next-Ohio-execution-raises-too-much-doubt.html |
|
|
|
Post by thinkinkmesa on Mar 11, 2018 12:41:19 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 11, 2018 12:42:29 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 18, 2018 21:09:39 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 18, 2018 21:11:45 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 26, 2018 23:14:47 GMT -5
|
|
|
|
Post by thinkinkmesa on Mar 26, 2018 23:21:32 GMT -5
|
|
