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| Jury Finds Inmate Guilty Again in '93 Killing of Prison Officer |
| By Associated Press |
| Published: 05/15/2003 |
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An Ohio inmate was found guilty for the second time Wednesday on charges that he helped murder an officer during the 1993 Lucasville prison riot. A Hamilton County Common Pleas Court jury, which began deliberations Tuesday afternoon, convicted James Were of kidnapping and two counts of aggravated murder. Were, 46, of Toledo, had been convicted in 1995 and sentenced to die for his part in the murder of officer Robert Vallandingham in the 11-day riot in which inmates took over the Southern Ohio Correctional Facility. The Ohio Supreme Court ordered a new trial last year, ruling that Were had not been given a hearing to determine whether he was mentally competent for trial. Judge Fred Cartolano, who ruled in January that Were was competent, presided over the second trial and will conduct another hearing Friday on Were's mental state. Since the U.S. Supreme Court ruled last year that execution of the mentally retarded is unconstitutional, states have held hearings to determine if a person convicted of murder is exempt from the death penalty. 'We're not done with this trial yet,' defense attorney Elizabeth Agar said. 'The jury still has the sentencing phase to deal with, so I don't think any comment is appropriate at this time.' Chief Assistant Hamilton County Prosecutor Mark Piepmeier, who has supervised the prosecution of Lucasville riot cases, declined to comment for the same reason. Depending on Cartolano's finding, jurors could return Monday to begin considering a sentence recommendation. Were is serving 15 to 65 years for aggravated robbery and felonious assault, but Wednesday's conviction carries death- penalty specifications because the murder charges reflect that the killing occurred in association with a kidnapping and by prior calculation. |
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