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June 20, 2012

Split Ohio panel recommends against clemency for murderer next up for execution

As reported in this brief local AP story, a "divided Ohio Parole Board has rejected mercy for the condemned killer of a Youngstown store owner scheduled to die next month." Here is more on why this rejection of a clemency request by John Eley is noteworty:

Eley has the support of both the former prosecutor who charged him with a capital crime and one of the judges who sentenced him to death.

The parole board voted 5-3 Wednesday against recommending clemency for the 63-year-old Eley, who received the death sentence for the 1986 shooting of Ihsan Aydah. Gov. John Kasich has the final say.

Eley's supporters say his co-conspirator master-minded the robbery and was considered the true culprit.

This expanded AP piece provides details on the perspective of both sides of the Ohio Parole Board:

The supporters' assertions "do not outweigh the fact that Eley took the gun from Green, entered the store with the intent to rob the victim, knew that the victim had a gun and might try to use it, and then shot him in the head," the board said. The board also rejected claims by Eley's lawyers that he is mentally ill and mentally disabled....

The three board members who supported Eley's plea for mercy say he is not the "worst of the worst" killers, and argue that many similar convenience store robbers who committed more serious crimes escaped death sentences.

They also said the crime wouldn't have happened without Green. And they argued that Eley was a victim of a game of bluff by prosecutors as they threatened him with a death sentence to force his testimony against Green. "The prosecutors 'played a bluff' all the way to the end, and when Eley did not cooperate, they were stuck with the death penalty conviction," the three dissenting members said.

The full 18-page Ohio Parole Board Death Penlaty Clemency report for John Eley is available at this link.

June 20, 2012 at 03:47 PM | Permalink

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Comments

|| The board also rejected claims by Eley's lawyers that he is mentally ill and mentally disabled.... ||

Nice try. No shame. Whatever it takes. Too bad his disability didn't prevent him from
aiming for the head, but it didn't, so it can't prevent him from being punished by those with a sense of
justice.

Posted by: Adamakis | Jun 20, 2012 10:56:24 PM

the real sad thing is myself and anyone with a brain! can see this happening!

"They also said the crime wouldn't have happened without Green. And they argued that Eley was a victim of a game of bluff by prosecutors as they threatened him with a death sentence to force his testimony against Green. "The prosecutors 'played a bluff' all the way to the end, and when Eley did not cooperate, they were stuck with the death penalty conviction," the three dissenting members said."

Since it happens 100,000 times a year in every court in this country!

Posted by: rodsmith | Jun 21, 2012 1:12:34 AM

rodsmith --

Shouldn't the defendant's punishment depend on how he behaved, rather than on how other people behaved?

Posted by: Bill Otis | Jun 21, 2012 5:48:37 AM

but of course! Of course i also think that applies to prosecutors as well which is something our Supreme Court seems to not agree with.

I have also seen far too many cases of presecutors who try the hammer stick to use one person to shaft another and then it all falls apart when the little fish can't trade up!

Posted by: rodsmith | Jun 21, 2012 10:42:30 AM

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