Post by thinkinkmesa on Apr 16, 2009 22:28:51 GMT -5
Steffen to get new penalty trial in murder case
By Kimball Perry • kperry@enquirer. com • February 17, 2009
David Steffen could be removed from Ohio’s Death Row – or even freed
– because a Hamilton County judge ruled today he attempted, but
failed, to rape Karen Range when he murdered her in 1982.
Common Pleas Court Judge Beth Myers ruled Steffen will get a new
trial but only as to what penalty he will receive.
Steffen’s guilt isn’t in question.
Myers ruled Steffen’s conviction for aggravated murder and aggravated
burglary still stands. But she lowered his rape conviction to
attempted rape.
Steffen, a door-to-door soap salesman, told authorities at the time
he tried to rape the 18-year-old Karen Range in August 1982 but
couldn’t get an erection.
Prosecutors won a rape conviction against Steffen because semen was
found in Range’s autopsy the day after her murder.
Last year, former Hamilton County morgue worker Kenneth Douglas
admitted he had sex with the cold, bloody and nearly beheaded body of
Range prior to the autopsy.
Douglas was convicted of gross abuse of a corpse and is serving a
prison sentence for it.
Steffen’s attorneys seized on Douglas’ conviction to try to save
Steffen’s life. They argued that Steffen was sentenced to death
based, in part, on his rape conviction in Range’s murder.
Prosecutors countered that an attempted rape conviction with the
aggravated murder conviction still makes him eligible for the death
penalty and they want him executed. The aggravated burglary
conviction with the aggravated murder conviction also makes him
eligible for the death penalty.
“Because the jury, the trial court and the appellate courts all based
their recommendations and conclusions as to the death penalty on a
finding that (Steffen) raped the victim and was lying when he said he
did not (Steffen’s) motion for a new trial is granted as to the
penalty phase,” Myers wrote today.
That means a new jury has to be seated and prosecutors essentially
have to present the entire case over so jurors will have enough
information to decide what his punishment should be.
Because the penalty must be based on Ohio law when the crime was
committed in 1982, Steffen still faces three possible penalties:
Death, life in prison without possibility of parole for 25 years or
life in prison without possibility of parole for 30 years.
There is a chance Steffen could walk free because he’s already served
28 years in prison, more than the minimum possible punishment.
“He’s spent 28 years on death row and has a very good prison record.
That works in his favor when you’re trying to convince a jury he is
rehabilitated,” Dennis Belli, one of Steffen’s attorneys said today.
Steffen likely will appeal seeking to overturn the original convictions.
Prosecutors are going to appeal Myers’ ruling today, saying the death
penalty should remain because Steffen still was convicted of
aggravated burglary which made him eligible for the death penalty.
news.cincinnati.com/article/20090217/NEWS01/302170034/1056/COL02
By Kimball Perry • kperry@enquirer. com • February 17, 2009
David Steffen could be removed from Ohio’s Death Row – or even freed
– because a Hamilton County judge ruled today he attempted, but
failed, to rape Karen Range when he murdered her in 1982.
Common Pleas Court Judge Beth Myers ruled Steffen will get a new
trial but only as to what penalty he will receive.
Steffen’s guilt isn’t in question.
Myers ruled Steffen’s conviction for aggravated murder and aggravated
burglary still stands. But she lowered his rape conviction to
attempted rape.
Steffen, a door-to-door soap salesman, told authorities at the time
he tried to rape the 18-year-old Karen Range in August 1982 but
couldn’t get an erection.
Prosecutors won a rape conviction against Steffen because semen was
found in Range’s autopsy the day after her murder.
Last year, former Hamilton County morgue worker Kenneth Douglas
admitted he had sex with the cold, bloody and nearly beheaded body of
Range prior to the autopsy.
Douglas was convicted of gross abuse of a corpse and is serving a
prison sentence for it.
Steffen’s attorneys seized on Douglas’ conviction to try to save
Steffen’s life. They argued that Steffen was sentenced to death
based, in part, on his rape conviction in Range’s murder.
Prosecutors countered that an attempted rape conviction with the
aggravated murder conviction still makes him eligible for the death
penalty and they want him executed. The aggravated burglary
conviction with the aggravated murder conviction also makes him
eligible for the death penalty.
“Because the jury, the trial court and the appellate courts all based
their recommendations and conclusions as to the death penalty on a
finding that (Steffen) raped the victim and was lying when he said he
did not (Steffen’s) motion for a new trial is granted as to the
penalty phase,” Myers wrote today.
That means a new jury has to be seated and prosecutors essentially
have to present the entire case over so jurors will have enough
information to decide what his punishment should be.
Because the penalty must be based on Ohio law when the crime was
committed in 1982, Steffen still faces three possible penalties:
Death, life in prison without possibility of parole for 25 years or
life in prison without possibility of parole for 30 years.
There is a chance Steffen could walk free because he’s already served
28 years in prison, more than the minimum possible punishment.
“He’s spent 28 years on death row and has a very good prison record.
That works in his favor when you’re trying to convince a jury he is
rehabilitated,” Dennis Belli, one of Steffen’s attorneys said today.
Steffen likely will appeal seeking to overturn the original convictions.
Prosecutors are going to appeal Myers’ ruling today, saying the death
penalty should remain because Steffen still was convicted of
aggravated burglary which made him eligible for the death penalty.
news.cincinnati.com/article/20090217/NEWS01/302170034/1056/COL02