Gregory Esparza Death Sentence Overturned

Gregory Esparza

Gregory Esparza has been on Ohio Death Row for nearly forty years and now he is not only off of death row he may be eligible for parole. The Supreme Court ruled that his original death sentence was unconstitutional and he would be resentenced to thirty years to life. Gregory Esparza who was orginaly sentenced to death for murdering a store clerk during a robbery

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An Ohio prison inmate who has spent nearly four decades on death row in the murder of a convenience store clerk has been resentenced to a term that could allow his release on parole.

Lucas County Judge Stacy Cook vacated Gregory Esparza’s death sentence and imposed a new term of 30 years to life with credit for time served, The (Toledo) Blade reported. Two months ago, Cook had declared capital punishment unconstitutional in the case because prosecutors had failed to disclose evidence in his original trial.

“God is good for everyone,” Esparza said to relatives Friday as he was escorted from the courtroom back to the county jail.

Esparza, now 60, was convicted in 1984 of aggravated murder and aggravated robbery with gun specifications in the February 1983 death of Melanie Gerschutz. The 38-year-old wife and mother was working the cash register at Island Variety in East Toledo when she was shot during a robbery of $110 from the register,

Esparza’s initial appeals were denied but a public records request in 1991 turned up a large number of police reports, interviews, and other documents never given to his defense attorneys. A federal appeals court in 1995 overturned the death sentence citing a “defective indictment,” but the U.S. Supreme Court reversed the decision. A 2016 appeal was denied on the grounds that federal courts had assessed the 1991 evidence, but a state appellate court later said no court had yet addressed the 1991 evidence in the context of capital punishment.

Cook wrote that although prosecutors may have been unaware of the 1991 evidence, the defense should have had it. More importantly, she said, some of the evidence indicated that Esparza didn’t act alone and therefore “may not have been the principal offender,” so the death penalty could not be imposed.

In Friday’s hearing, Esparza said he had been just 21 and a “confused, lost soul” at the time of the crime but the rigors of life on death row for so long had helped him mature.

“God knows I am not a killer,” he said. “Even when offered life without parole if I gave up my appeals, I chose execution.”

Marsha Raymond, Gerschutz’s daughter, a teenager at the time of her mother’s slaying, told the court that the defendant “committed murder in cold blood.”

“I am so grateful that I had such an amazing mom, but unfortunately because of his actions my family fell apart,” she said. “My dad couldn’t speak about my mom, and he (Esparza) talks about a young child being abused? My younger brother was six years old. He has no memories of my mother.”

Julia Esparza, Esparza’s sister, said the family was happy to see this day come.

“It has been very emotional,” she told the newspaper. “We appreciate the justice system.”

https://www.foxnews.com/us/ohio-inmate-spent-decades-death-row-may-released-parole-following-resentencing

Bret Hartman Ohio Execution

bret hartman ohio

Bret Hartman was executed by the State of Ohio for the brutal murder of a woman. According to court documents Bret Hartman would brutally stab to death Winda Snipes who had her throat slit and her hands were cut off. Bret Hartman would be arrested, convicted and sentenced to death

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Brett Hartmann is dead.

After 15 years of failed appeals, the condemned Akron man was strapped to a gurney Tuesday morning at the Southern Ohio Correctional Facility.

“I’m good. Let’s roll,” he said in his final words as a dose of lethal drugs were shot into his system.

He smiled and gave a thumbs up to his sister as she watched the execution through a glass window.

Sixteen minutes later, at 10:34 a.m., Hartmann was declared dead.

He maintained his innocence since his 1997 conviction for the slaying of Winda Snipes, 46, who lived in Akron’s Highland Square neighborhood.

In a statement released after the execution, Hartmann’s family, which includes a daughter and sister, said they hope the death serves as a “wake up call to the flaws in our legal system.” Prosecutors have always said there was “overwhelming” evidence of his guilt

“After numerous appeals and stays of execution, the state of Ohio carried out Brett Hartmann’s death sentence,” Summit County Prosecutor Sherri Bevan Walsh said in a news release. “The evidence was overwhelming that he brutally stabbed and mutilated Winda Snipes. Hopefully, Winda’s friends and family can now start the healing process.”

Hartmann’s sister Diane Morretti and a friend, John McClure, witnessed the execution. Hartmann appeared to smile broadly at his sister as he was dying. He eventually turned away from the window and closed his eyes.

Minutes into the execution, he spoke to prison Warden Donald Morgan.

“This is not going to defeat me,” Hartmann said, according to the Associated Press. Morgan did not respond.

In a 25-minute phone call Monday night with a Beacon Journal reporter, Hartmann, 38, said he was relieved to finally learn his fate in the face of his pending appeals. For several weeks, his future was uncertain due to his appeals to obtain more DNA testing on crime-scene evidence.

‘It’s my time,’ convict says

He said he was disappointed, but not surprised, the U.S. Supreme Court declined to stop his execution Monday evening. Twice before, in 2009 and 2011, Hartmann was given a stay

“It’s the road I got to walk,” he said. “It’s my time. It’s hard, especially for my family. But it’s not overwhelming for me. I’ve just never had any luck.”

He said he had no desire to spend the rest of his life in prison and was hoping to win a second trial and secure additional DNA testing. He said his family knows he is innocent, and he hopes the search for Snipes’ true killer continues.

“I think we’re lucky on death row because we have an out,” Hartmann said. “It’s a harsh structure in prison, but at least we’re not in for 50 to 60 years. Death row is its own little enigma. We are in our own little world.

“But being locked up and away from family, it’s tough. I’m tired of fighting and no one listening. I’m tired of begging for money [and tired] of prison. So, there’s some relief.”

Hartmann’s years of appeals ended about 6 p.m. Monday, when his attorneys told him the U.S. Supreme Court declined to intervene. He was convicted of aggravated murder and kidnapping in 1997.

“It’s all over and I’m relieved,” said Jacqueline Brown of Doylestown. She served as the only witness on Snipes’ behalf.

Snipes’ mother is in poor health and was unable to attend, Brown said.

“It’s a shame he died so peacefully. There’s no doubt he did it. No doubt at all,” she said.

Snipes and Hartmann had been involved in what he called a casual sexual relationship for several months before her death.

Hartmann, then 23, told police he was with Snipes the night before her death and the two drank alcohol and had sex. He said he left her South Highland Avenue apartment and returned about 14 hours later to find her dead.

Snipes was stabbed more than 130 times. Her hands were severed. She was not raped, authorities said.

Alibi in slaying

Instead of calling 911 immediately after finding Snipes’ body, Hartmann said he panicked, fearing he would be blamed for the murder because of their sexual encounter the previous day. He said he walked to a bar and got drunk. He then went back to the apartment and removed evidence of his visit and returned home.

Later that night and even more intoxicated, he reported the murder during a series of anonymous 911 calls and waited around the Highland Square neighborhood.

Eventually, he talked to officers at the scene and became a suspect. Detectives went to Hartmann’s apartment and found a bloody T-shirt stashed behind his bed. They also found Snipes’ jewelry.

Hartmann said he had left the T-shirt at Snipes’ apartment the night before and took it along with other items to conceal his visit, not his guilt.

“I made a lot of bad decisions that night, and I’m paying the price now,” Hartmann said in the phone call to a Beacon Journal reporter. “I was drunk and stupid, basically.”

Hartmann said his greatest regret is not being around for his daughter, whom he met for the first time this year. The 20-year-old Akron woman was unaware he was her father until her mother broke the news in the summer. Hartmann and the woman’s mother had a relationship early in the 1990s.

A paternity test confirmed the inmate’s parentage. The woman visited Hartmann at the death house Monday night.

“She cried outside in the hall, but she held up pretty good during our visit. It’s pretty hard for her,” he said.

During the phone call, Hartmann joked often, even about his cremation. He said his remains probably would wind up in a box in some family member’s basement. He marveled at the size of his special meal, which included steak, shrimp and a baked potato.

“What else are you going to do?” he said. “Sometimes, all you can do is laugh.”

https://www.beaconjournal.com/story/news/local/2012/11/14/ohio-executes-brett-hartmann-in/10501297007/

Donald Palmer Ohio Execution

donald palmer ohio

Donald Palmer was executed by the State of Ohio for the murders of two strangers. According to court documents Donald Palmer would shoot and kill Charles Sponhaltz and Steven Vargo following a minor traffic accident. Donald Palmer would be arrested, convicted and sentenced to death. Donald Palmer would be executed by lethal injection on September 20 2012

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An Ohio death-row inmate used his last words today to repeatedly apologize to the family members of his two victims, telling them that he hopes they can let their pain die with him.

Donald Palmer, 47, was executed at the state prison in Lucasville in southern Ohio about 23 years after he shot and killed two men he didn’t know along a rural Ohio road in 1989.

“I want you to know I’ve carried you in my heart for years and years,” Palmer told six women in the room who are the widows, daughters and a niece of the men he killed. “I’m so sorry for what I took from you …I hope your pain and hurt die with me today.”

Palmer also told the women that he knows the pain of losing a parent, a sibling and a child, and that he wished his execution could bring their loved ones back to them.

“I know it can’t,” he said. “I pray that you have good lives now. I’m sorry.”

His time of death was 10:35 a.m.

Palmer was convicted of fatally shooting Charles Sponhaltz and Steven Vargo in the head along a Belmont County road in eastern Ohio on May 8, 1989.

Palmer didn’t know the men, who were both married fathers.

Palmer’s Columbus attorney, David Stebbins, said Wednesday that Palmer was sorry for the murders and never got the chance to apologize to the men’s families.

“He has always accepted responsibility for this and wants the families of his victims to have justice,” said Stebbins, who had planned to be among the witnesses to the execution

Palmer had decided not to request mercy from the Ohio Parole Board, which can recommend clemency for a condemned inmate to the governor.

Belmont County prosecutor Christopher Berhalter told the board the execution should proceed because Palmer’s guilt is undisputed and because of the brutality of the crimes.

According to court records, Palmer told police that he and co-defendant Edward Hill were driving from Columbus to the Belmont County home of a man who had dated Palmer’s ex-wife and Hill’s sister.

As they were driving back and forth in front of the home, Sponhaltz — who was keeping an eye on the house — lightly hit the back of their pickup with his own truck and yelled at them: “What in the hell are you trying to prove?” according to the records.

Donald Palmer then shot Sponhaltz twice in the head.

Vargo, a passing driver, stopped and asked “What the hell did you guys do,” Palmer told police, according to the records. Palmer then shot Vargo twice in the head.

Sponhaltz’s body was dumped in a field; Vargo’s was left on the road.

Hill, 46, was convicted for his role in the crimes and sentenced to 35 years to life in prison.

Valerie Vargo Jolliffee, 51, Vargo’s widow, told The Associated Press that she was planning to attend Palmer’s execution because he ruined her life.

She said that she and Vargo fell in love at first sight and had been married just two months when he was killed.

“I was looking forward to growing old with him,” she said. “I just can’t wait until it’s over. And it won’t be over until they put him to death.”

Sponholtz’s widow, two daughters and his brother also were expected to watch the execution.

Corrections officials say that Palmer asked that his last meal include a chipped ham and Velveeta cheese sandwich, ranch-flavored Doritos, peanut M&Ms, hazelnut ice cream, cheese cake and soda.

Ten Ohio inmates, including Palmer, are scheduled for execution through March 2014. Palmer will be the second this year if the execution goes forward.

https://www.cleveland.com/metro/2012/09/ohio_executes_donald_palmer_fo.html

Dennis McGuire Ohio Execution

Dennis McGuire ohio photos

Dennis McGuire was executed by the State of Ohio for the sexual assault and murder of a woman. According to court documents Dennis McGuire would sexually assault and murder 21 year old Joy Stewart. Dennis McGuire would be arrested, convicted and sentenced to death. Dennis McGuire would be executed by lethal injection on January 16, 2014

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A cocktail of lethal drugs began to flow into Dennis McGuire’s bloodstream shortly before 10.30am on Thursday morning. The 53-year-old convicted murderer from Ohio was to be the first prisoner executed with a new method of lethal injection, using an untested mix of the sedative midazolam and the painkiller hydromorphone.

Normally, the victims of lethal injection show movement in the early moments of their execution, and then lie still. McGuire, by contrast, remained motionless for approximately five minutes, before snorting suddenly and gulping for air.

McGuire had been sentenced to death for the brutal 1989 rape and murder of a young, pregnant newlywed, Joy Stewart. His final words were to Stewart’s family, who watched his execution, thanking them for the “kind words” they had offered in a letter to him. He then told his children “I’m going to heaven, I’ll see you there when you come.”

His daughter Amber watched alongside Stewart’s family as he gasped several times, before finally expiring at 10.53pm. Ms McGuire covered her ears to block out the sounds of her father’s last breaths. He had taken some 25 minutes to die.

“It was the most awful moment in my life to witness my dad’s execution,” Ms McGuire said in a statement later. “I can’t think of any other way to describe it than torture.”

At a news conference yesterday morning, Ms McGuire and her brother announced that they would pursue a lawsuit over the manner of her father’s execution. Ohio state is now expected to face a legal challenge to its plans for the February execution of another convicted murderer.

According to the Associated Press, the attorney acting on behalf of the McGuire family said that the execution had violated the dead man’s constitutional right not to suffer cruel or unusual punishment. McGuire’s own lawyer, Allen Bohnert, said his client’s death had been “a failed, agonising experiment”, and that “the people of the state of Ohio should be appalled at what was done here today in their names.”

Bohnert had argued before the execution that the new lethal injection method could cause “air hunger”, and inflict “agony and terror” on the prisoner as he fought for oxygen on the death stretcher. But the state’s Assistant Attorney General, Thomas Madden, was unmoved, telling McGuire: “You’re not entitled to a pain-free execution.” Just before the death penalty was carried out, Gary Mohr, Ohio’s prison director, said he believed McGuire’s execution would be “humane” and “dignified

https://www.independent.co.uk/news/world/americas/convicted-murderer-and-rapist-gasped-and-took-15-minutes-die-ohio-drug-trial-execution-9065373.html

Gary Otte Ohio Execution

Gary Otte ohio execution

Gary Otte was executed by the State of Ohio for a double murder. According to court documents Gary Otte would shoot and kill two people, Robert Wasikowski, 61, and Sharon Kostura, 45, at a Ohio housing complex. Gary Otte would be executed by lethal injection on September 13, 2017

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The state of Ohio executed Gary Otte on Wednesday morning, more than 25 years after he robbed and murdered two people at a Parma apartment complex.

Otte, 45, of Terre Haute, Indiana died at 10:54 a.m. by lethal injection in the state’s “death house” at the Southern Ohio Correctional Facility in Lucasville. There appeared to be no complications with the execution, which took about 15 minutes to complete.

Prison officials strapped the heavyset, balding and goateed Otte to a gurney, with his head in full view of the families of his victims. Otte’s stomach moved up and down for a few minutes as the execution team began its series of three injections.

He stopped moving at about 10:44 a.m.

He laid still for another eight minutes before a member of the execution team walked in and checked his heartbeat. The coroner then entered the chamber and Otte was pronounced dead two minutes later.

Otte was convicted in 1992 and sentenced to death for robbing and killing Robert Wasikowski, 61, and Sharon Kostura, 45, at a Parma apartment complex in February of that year.

The victims’ family members sat in the viewing area to watch as Otte took his final breaths. Otte’s witnesses were his attorneys, spiritual advisers and a nurse.

The reactions of the victims’ family members, which included Wasikowski’s daughter and brother and Kostura’s sister, brother-in-law and niece, were mostly muted. Wasikowski’s daughter shook through much of the execution and appeared concerned as she was first led to her seat that Otte could see her in his final moments.

As a last statement, Otte gave a thumbs up to his witnesses and said, “I’d like to profess my love for my family,” who visited him at the prison on Tuesday and Wednesday but did not witness his execution.

He then said “I’m sorry” to the victims’ families.

Otte then sang three verses of the gospel song “The Greatest Thing” and closed with a Bible verse: “Father, forgive them, for they know not what they are doing. Amen.”

Wasikowski and Kostura’s family members did not make a statement following the execution.

Otte spent Tuesday evening visiting with his loved ones and his attorneys, Ohio Department of Rehabilitation and Correction spokeswoman JoEllen Smith said. He did not sleep and spent the night on the phone, talking with friends. His mood was described as emotional, but he was also in good spirits, Smith said.

He was served his last meal of burgers, fried food, ice cream and donuts on Tuesday evening, after visits by his parents and his attorneys. Around midnight, prison guards removed his cheese sticks, string cheese and ice cream, which were all part of his requested special meal, Smith said.

On Wednesday morning, he again visited with his parents and prayed, Smith said, giving them a hug through prison bars one last time. He met with his spiritual advisers, again with his attorneys and talked with a friend on the phone. He also sang.

Otte took a shower before his execution but did not eat the breakfast served to him.

Like many inmates before him, Otte and his supporters tried their hardest to halt his execution. He waged a series of legal challenges to Ohio’s methods of execution and death penalty statute. All were denied, with the latest ruling coming by the Ohio Supreme Court less than two hours before his death.

The Ohio Parole Board and Gov. John Kasich rejected Otte’s arguments that his life should be spared because he was repeatedly bullied as a child. That bullying led to drug and alcohol use and depression, which led him to commit his crimes, his lawyers argued.

The parole board said in February that Otte had a good upbringing with a loving family.

Meanwhile, opponents of the death penalty implored Gov. John Kasich and the state in the days and hours leading up to Otte’s execution to intervene and call it off.

An attorney for Otte later said his stomach movements and the appearance of tears by his eyes during the execution showed that Otte was in pain after being injected with a sedative. The attorney is part of a team challenging the state’s use of the sedative, called midazolam, saying it doesn’t render a patient sufficiently unconscious as to not feel severe pain.

Otte was the 55th person the state has executed since it restarted the death penalty in 1999.

Otte, in a letter to Splinter News, blamed the actions that led to his imprisonment and fate on a crack cocaine addiction.

“I took personal responsibility for my life and became accountable for my future actions,” Otte wrote in his letter. “I’ve become a new person through this life giving application. The fears I once operated from have vanished through my reliance on God for all my support.

“I am no longer defined by my past failures, but by God’s love.”

Otte is the second death row inmate the state has executed this year. Akron child killer Ronald Phillips died by lethal injection in July. Phillips’ execution came after the state stopped putting inmates to death for more than two-and-a-half years, after the execution team had problems as inmate Dennis McGuire died in January 2014.

https://www.cleveland.com/metro/2017/09/parma_murderer_gary_otte_dies.html