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| Court: Juveniles entitled to all rights in capital cases |
| By Associated Press |
| Published: 05/17/2004 |
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Juveniles charged with capital crimes are entitled to the same rights at sentencing as adult offenders even though juveniles can't be executed under Ohio law, the Ohio Supreme Court ruled last Wednesday. The court's 5-2 decision upheld a lower court ruling that said convicted killer Robert Harwell, now 20, of Toledo, should be resentenced. Harwell was convicted of raping and fatally shooting a 62-year-old Toledo woman in February 2000. He was 16 when the crime was committed. A crime of aggravated murder committed along with other crimes spelled out in state law - such as aggravated robbery or aggravated burglary - creates a capital case, regardless of whether the offender faces execution, said Justice Paul Pfeifer, writing for the majority. "Even though he was not eligible for the death penalty because of his age, Harwell is entitled to the same protections as any defendant charged with a capital offense," Pfeifer wrote. A three-judge panel hearing Harwell's case improperly received victim impact testimony calling for a specific penalty _ life without parole _ and also weighed the heinous nature of the crime in sentencing, according to last Wednesday's ruling. Ohio law does not allow such factors to be considered in capital cases. Justice Terrence O'Donnell and Chief Justice Thomas Moyer dissented. Since Harwell was not eligible for the death penalty, "there can be no capital sentencing in this case," O'Donnell said. |
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