Ohio Clemency Debate

"Family of Ohio woman slain by son wants him spared," is the AP report today, via Google News.  It's written by Andrew Welsh-Huggins.

An inmate fighting execution for killing his mother in a crack cocaine-induced rage has an unusual group of allies: his aunt and uncles, the siblings of the slain woman, as well as her late mother.

Ohio prison officials say it's the first time an inmate facing death for killing a family member has unanimous backing from his relatives as he fights execution.

Death row prisoner Jeffrey Hill is scheduled to die March 3 for the 1991 slaying of his mother, Emma Hill. The state parole board on Thursday considered Hill's formal request for mercy from Gov. Ted Strickland.

The eight-person board will announce its decision Feb. 6.

Prosecutors acknowledged that the case was unusual and said they respected the family's position. But they also said the family's plea for clemency doesn't outweigh the state's requirement to seek justice.

"Emma Hill is entitled to no less protection under law just because she was related to the person who killed her," said Phil Cummings, a Hamilton County assistant prosecutor.

A forensic psychologist told the parole board that Hill was temporarily out of his mind when he killed his mother, a common reaction during moments of extreme stress.

"I have never met an individual who was more genuinely remorseful than Jeff Hill," Dr. James Reardon said. "This is a guy who loved his mom then and has loved her every day since then."

Hill killed his 61-year-old mother, Emma, in Cincinnati on March 23, 1991. The slaying occurred midway through a daylong crack cocaine binge during which he consumed about $700 worth of the drug.

"Family opposes execution," is Sharon Coolidge's report in today's Cincinnati Enquirer.

The eight-member parole board must decide whether to recommend to Gov. Ted Strickland that clemency be granted. It's been granted only twice before. Those cases had issues of innocence, which the Hill case does not.

Board members Kathleen Kovach and Sandra Mack questioned Assistant Hamilton County Prosecutor Phil Cummings and Assistant Ohio Attorney General Charles Wille, saying they had concerns about how fair the criminal justice system was in the Hill case.

"This is one of most unique cases we've ever encountered in a death penalty case," Kovach said. "I think personally what I am struggling with - and you haven't touched too much on it - is that this was a god-awful crime.

"But the board's unique position is that we have - and you do, too, as the state - to put weight on what the survivors of the crime want," she said. "In this case, we had two people appear before us, her own brothers, and affidavits all throughout the exhibits, stating this will do more harm to them.

"How much weight should we give that?" she asked.

And:

During the hearing, Hill's lawyers, Ohio Public Defenders Pamela Prude-Smither and Justin Thompson, argued that the case has extraordinary circumstances that warrant the rare move of a clemency recommendation.

Specifically, they said Hill's lawyers did a bad job of representation at trial, that the killing doesn't warrant the death penalty and that a juror didn't understand her one vote could have meant a life prison term.

"If he were here today, he would be first to say there was no justification for his actions," Thompson said. "But death is not the appropriate punishment.

The case has attracted a good deal of Ohio press in the last week.  Cleveland Plain Dealer columnist Regina Brett had, "Don't add to pain for Emma Dee Hill's family", on Wednesday.

A dozen jurors convicted Jeffrey of aggravated murder in 1992. Back then, the prosecutor offered no plea bargain. The jury had two choices: Acquit and he would go free; find him guilty and he would be sentenced to death.

A dozen relatives of the murdered woman want Jeffrey's sentence commuted. He is scheduled to die March 3. They wrote the Ohio Parole Board begging for mercy, calling themselves "a small family who has endured a huge tragedy."

And:

The attorneys fighting for clemency compare this case to a man who stabbed to death his dad while on a crack cocaine binge in 1992. Jackie Smith was convicted and sentenced in Hamilton County, the same as Hill, but got 15 years to life. Smith served 13 of them and was released on parole in 2006.

Jeffrey's attorney waived his opening statement and presented no witnesses. He hired a psychologist to talk about Jeffrey's crack addiction, but not until the night before the sentencing trial.

The Hamilton County prosecutor opposes commutation, stating the jury "felt that capital sentence was appropriate." But he knows they might have chosen differently had they been given the option of life without parole.

The governor has that option.

Jeffrey, who is 44, has served 16 years.

Family member Eddie Sanders wrote an OpEd, "Killer's execution would prolong the suffering of victim's family," that appeared in last Saturday's Columbus Dispatch.  Here's an extended excerpt from this must-read appeal.

Eighteen years ago, my family experienced a profound tragedy when my sister Emma Dee Hill was murdered. We now face the excruciating possibility of suffering a second tragic death in the family: the execution of my nephew, Emma's son, who is responsible for the crime.

My nephew, Jeffrey Hill, is scheduled to be executed on March 3. My family -- including Emma's other siblings, nephews, nieces and grandchildren -- strongly opposes his death sentence. We believe that the tragedy of Emma's loss is only compounded by the fact that we now find ourselves pleading for the life of another one of our own.

Jeffrey, who was never violent as an adult, was not his true self on the day of his mother's death in March 1991. Spurred by his father's passing months before, Jeffrey had become addicted to crack cocaine. We cannot ignore the effects this had on him. His actions were shockingly out of character. Since Jeffrey got off drugs and became aware of what he had done, he has expressed unwavering remorse and heartache. We know in our hearts that had it not been for the effects of crack cocaine, this tragedy never would have occurred.

We acknowledge the crime and the need for punishment. We also understand that the wishes of victims' family members typically carry influence when determining sentencing in our criminal-justice system. In this case, the wishes of the family, as well as the victim herself, are clear.

Emma was a woman of great faith. She believed in redemption and that there is value in every one of us. We are certain that she would absolutely be opposed to the death sentence given to her son.

Another beloved member of our family made her views known in her final years. Emma's mother and Jeffrey's grandmother, Mary Ann Sanders, was vehemently opposed to Jeffrey's death sentence and signed an affidavit making her position clear. In her memory, and in that of Emma as well, we pray that Jeffrey's execution is stopped.

Ohio prosecutors often listen to the views of victims' family members when determining sentencing. These views should not be valued any less when they express opposition to a death sentence. Victims who oppose the death penalty are as deserving of respect in our criminal-justice system as those who support it.

For 18 years, we have grieved Emma's passing. As a family, we have gone through enough. Executing Jeffrey will not bring Emma back or negate our suffering. It will simply force us to endure another tragic loss. Therefore, it is our greatest hope that the Ohio Parole Board will recommend and Gov. Ted Strickland will grant Jeffrey's clemency appeal.

I'll be watching for the Board's February 6th recommendation.