Post by Anja on Jun 23, 2006 18:11:59 GMT -5
Warren County court to decide if Barton can waive appeals
A Warren County Common Pleas Court will once again decide the fate of
death row inmate Rocky Barton.
The Ohio Supreme Court ruled Thursday a hearing be held in Lebanon to
determine if Barton should be further evaluated by a psychiatrist, or if
he is competent to waive the remainder of his appeals.
Barton was convicted of aggravated murder for shooting his wife, Kimberli
Barton, in their Wayne Twp. home in 2003. After the shooting, he
unsuccessfully tried to kill himself.
Barton has said he wants to forego his appeals and die by lethal injection
as scheduled July 12.
Barton's court appointed attorney asked that his execution be postponed
for a psychiatric evaluation, said Rachel Hutzel, Warren County
prosecutor. The state Supreme Court denied the request for a stay and
asked a Warren County judge to determine if a competency hearing is
necessary.
"Our position is that he is competent to waive all appeals," Hutzel said.
"This could delay his execution date, and we're going to try to do
everything to prevent that from happening."
Hutzel hopes the court will hold the hearing the week of July 3.
Barton and his lawyer are still awaiting the outcome of a June 19 clemency
hearing. The parole board will make a recommendation to Gov. Bob Taft, who
will decide if Barton should die or spend the rest of his life in prison.
"We also think he is the last person who deserves clemency," Hutzel said.
(source: Pulse-Journal)
A Warren County Common Pleas Court will once again decide the fate of
death row inmate Rocky Barton.
The Ohio Supreme Court ruled Thursday a hearing be held in Lebanon to
determine if Barton should be further evaluated by a psychiatrist, or if
he is competent to waive the remainder of his appeals.
Barton was convicted of aggravated murder for shooting his wife, Kimberli
Barton, in their Wayne Twp. home in 2003. After the shooting, he
unsuccessfully tried to kill himself.
Barton has said he wants to forego his appeals and die by lethal injection
as scheduled July 12.
Barton's court appointed attorney asked that his execution be postponed
for a psychiatric evaluation, said Rachel Hutzel, Warren County
prosecutor. The state Supreme Court denied the request for a stay and
asked a Warren County judge to determine if a competency hearing is
necessary.
"Our position is that he is competent to waive all appeals," Hutzel said.
"This could delay his execution date, and we're going to try to do
everything to prevent that from happening."
Hutzel hopes the court will hold the hearing the week of July 3.
Barton and his lawyer are still awaiting the outcome of a June 19 clemency
hearing. The parole board will make a recommendation to Gov. Bob Taft, who
will decide if Barton should die or spend the rest of his life in prison.
"We also think he is the last person who deserves clemency," Hutzel said.
(source: Pulse-Journal)