4/9/14 Metsker attorneys ask death penalty be removed from murder charges
By Nick Sabo
April 9, 2014
408
SUMMARY: Claim death penalty unconstitutional; status conference in case scheduled for April 15
Attorneys have filed to remove the death penalty in aggravated murder charges against a Smithville man accused of the rape and murder of a 9-year-old girl, arguing on Constitutional grounds.
Jerrod E. Metsker, 24, 5912 Akron Road, could be sentenced to death if convicted of the Dec. 14 rape and murder of 9-year-old Reann Murphy. In filings with Wayne County Common Pleas Court, Metskers attorneys, Kirk Migdal and Lawrence J. Whitney, are asking Common Pleas Judge Mark K. Wiest to dismiss the portion of Metskers indictment that fulfills the legal requirements for the death penalty.
The motion cites the eighth and fourteen amendments to the U.S. Constitution that prohibit cruel and unusual punishment. Migdal and Whitney further argue that the death penalty violates international law in a way that Ohio is bound to international law, in treaty or in custom.
The motion is one of more than two dozen filed March 7 - March 13 by Metskers defense team, many of which address the death penalty and how it relates to court proceedings. For example, another motion asks that, during jury selection, prosecutors cannot use their peremptory challenges to excuse a juror that expresses unfavorable opinions of the death penalty. Also, the attorneys are asking that prosecutors cannot respond to an unsworn statement by Metsker to the jury regarding the death penalty, if Metsker should choose to make such a statement.
Migdal and Whitney have further filed to use individual, sequestered interviews with potential jurors for questions about how they feel about the death penalty. The motion argues that questioning individuals about the death penalty where their answers can be heard by the entire jury pool could prejudice the jurors.
Wiest has not ruled on the various motions. Metskers case is scheduled for a status conference April 15.
Wiest has approved the services of Psychologist John Fabian to assist in Metskers defense, for billable services not to exceed $7,500. Wiest also approved the services of Janice I. Mitchell as a mitigation specialist at a rate of $75 per hour, not to exceed $3,000.
Metsker is currently incarcerated at the Wayne County Jail on a $1 million bond. Metsker has pleaded not guilty to two counts of aggravated murder, three counts of kidnapping and two counts of rape. Metsker faces the death penalty because the alleged murder was committed while committing the offenses of kidnapping and/or rape.
Reann was found dead in a dumpster Dec. 14 at the mobile home park where she and Metsker were neighbors. Metsker was the first person to report Reann missing in a 911 call.
The 911 call, contained on a CD, was turned over to Metskers attorneys by the Wayne County Prosecuting Attorneys office in one of a number of discovery requests. An initial discovery response dated Feb. 2 includes interviews, photos and DNA evidence, as well as reports from Ohio Bureau of Criminal Investigation and names and addresses of potential witnesses for trial. Later discovery responses include six packets of drawings made by Metsker while in jail, Metskers juvenile record, and photos of Reanns clothing.
Discovery includes all evidence and witnesses that the defense or prosecution plan to use at trial.
The discovery responses contain lists of evidence provided and do not contain the actual exhibits.
