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Thread: Anthony Belton - Ohio Death Row

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    Anthony Belton - Ohio Death Row


    Matthew Dugan, 34, was described as a loving son and a rock in the family.




    2008 murder case to be tried before 3 Lucas Co. judges

    Anthony Belton won't have his death-penalty case decided by a jury of his peers. Instead, the Toledo man charged in the 2008 slaying of a convenience store clerk decided to have his case heard before a three-judge panel.

    Mr. Belton, 24, of 934 Cuthbert Rd. is charged with aggravated murder and two counts of aggravated robbery, each with gun specifications.

    If convicted, he faces the death penalty.

    In a hearing Thursday, Mr. Belton waived his right to a jury trial. The decision means that his guilt or innocence and any potential sentence will be determined by three judges of the Lucas County Common Pleas Court.

    When questioned by Judge Ruth Ann Franks about how he wanted to proceed with his trial, Mr. Belton responded that he wants a "three-judge panel."

    He is accused of shooting Matthew Dugan once in the back of the head during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road. Police said the suspect entered the convenience store about 7 a.m., approached the counter, pulled out a gun, and demanded money.

    The gunman shot Mr. Dugan, 34, after the clerk turned around in response to an order to retrieve telephone cards from behind the counter, authorities said.

    Mr. Belton's trial is to start Sept. 7.

    Dean Mandros, chief of the criminal division for the prosecutor's office, said the defense's decision will not impact how the case is tried.

    "The state will be presenting essentially the identical case, whether it is to a jury or three judges," he said. "I can't think of a witness we won't call or a piece of evidence we won't put on."

    Defendants in all criminal trials are given the option to have their case tried by a jury or judge. In those cases where death-penalty specifications are attached, the trial is heard by three judges, including the presiding judge.

    Judge Franks noted that Judge James Jensen and Judge Gene Zmuda were chosen in a random drawing to also hear the case. The judge added that a pool of jurors also will be available in case the defense has a change of plans on the day of the trial.

    The judges first will hear the evidence of the trial to determine if Mr. Belton is guilty. If they decide he is, the judges will determine the appropriate sentence during a second phase by weighing the circumstances of the crime versus mitigating factors.

    Thursday, defense attorney Pete Rost said during the hearing that Mr. Belton maintains his right to appeal decisions made by the court, which he noted all ultimately led the defense to chose a three-judge panel.

    "All decisions made by the court to date, as well as all the evidence provided by the state as well as the information discovered by the defense in our investigation have led us to this decision," he said.

    http://www.toledoblade.com/article/20100806/NEWS02/8050364/-1/rss

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    Trial for 2008 murder of BP clerk reset to November

    The capital murder trial for a man charged in the 2008 shooting death of a BP convenience store clerk was reset in Lucas County Common Pleas Court Wednesday to Nov. 1.

    Anthony Belton, 24, of 934 Cuthbert Rd. is charged with one count of aggravated murder and two counts of aggravated robbery, all with gun specifications, in the shooting death of Matthew Dugan, 34, during a robbery Aug. 13, 2008, at the former BP gas station at Dorr Street and Secor Road. He faces the death penalty if convicted.

    Judge Ruth Ann Franks vacated Tuesday’s trial date at the request of assistant county prosecutors, who told the judge they recently received a report from a defense expert that contained information they wished to investigate further.

    New state rules require that expert reports be provided 21 days in advance of the trial.

    http://www.toledoblade.com/article/20100902/NEWS16/100909959/-1/RSS10

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    Delay sought in trial in '08 clerk slaying

    One week before the scheduled trial in the capital case against Anthony Belton, defense attorneys have asked that all proceedings be postponed to give the Supreme Court of Ohio time to consider whether portions of the state's death-penalty law are unconstitutional.

    Mr. Belton's attorneys argued in motions decided last year in Lucas County Common Pleas Court that a jury should be empaneled to decide the possible sentence of death if Mr. Belton were to enter a plea in the 2008 slaying of a BP convenience-store employee. The defense argued that state law violates Mr. Belton's right to a jury because it does not allow a defendant to enter a plea to aggravated murder with death-penalty specifications and then proceed to the penalty phase before a jury.

    Judge Ruth Ann Franks ruled last November against the motion. Monday, she reaffirmed her decision.

    But since her 2009 decision, another court has addressed the same issue, defense attorney Pete Rost said Monday. That decision, originating in Butler County, is now pending before the state's high court.

    "We're asking for a stay of proceedings now because the issue is pending before the Supreme Court," Mr. Rost said after Monday's hearing. "There is going to be some guidance by the Supreme Court and we think we would be remiss to proceed now."

    Mr. Belton, 24, of 934 Cuthbert Rd. was indicted Aug. 28, 2008, on one count of aggravated murder and two counts of aggravated robbery. Included in the murder charge are specifications making him eligible for the death penalty.

    Mr. Belton is accused of shooting Matthew Dugan, 34, once in the back of the head during an Aug. 13, 2008, robbery. Police said he entered the convenience store about 7 a.m., approached the counter with a drink, then pulled out a gun and demanded money.

    Police reports say he shot Mr. Dugan after the clerk turned around in response to an order to retrieve telephone cards from behind the counter.

    Judge Franks set a Friday hearing on the motion to stay the trial in case the Supreme Court releases its decision this week. If not, she will decide whether to grant the defense request.

    Mr. Rost said Monday if a stay is not granted, defense attorneys intend to appeal Judge Frank's November, 2009, decision, which automatically will stop the proceedings until the appellate court decides the issue. "We're asking the court not to do anything until the Supreme Court gives us guidance on the issue before it," he said.

    The Butler County case that attorneys hope will be heard by the Supreme Court involves a woman accused of killing her infant who now faces a charge of aggravated murder with death-penalty specification.

    Similar to the Lucas County case, the defendant's attorneys argued that her constitutional rights are being violated because if she enters a plea in the case, she could not have the penalty phase heard by a jury.

    The defense motion was denied by a Butler County Common Pleas Court judge and the 12th District Court of Appeals. The Supreme Court has not said whether it will review the case.

    In Ohio, if a defendant is found guilty of aggravated murder with death-penalty specifications, there is then a second phase of the trial. During the sentencing phase, the defense is able to present mitigating factors. If the circumstances of the crime - specifically, the circumstances that make it a death-penalty case - outweigh the mitigating factors, a defendant may be sentenced to death.

    Dean Mandros, chief of the criminal division for the prosecutor's office, told Judge Franks the prosecution is ready to go to trial Monday.

    "The prosecution will be exceedingly disappointed if, after over two years from the date of the indictment, this matter does not proceed to trial next Monday," Mr. Mandros said after the hearing. "What the family can't understand is why this matter wasn't raised months ago, since the court ruled on this issue in November, 2009."

    http://www.toledoblade.com/article/2...50412/-1/RSS10

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    Trial date changed in store-clerk slaying

    More than two years after Matthew Dugan was gunned down during a robbery at a convenience store where he worked, his accused killer has a new trial date.

    Lucas County Common Pleas Judge Ruth Ann Franks set a Jan. 3 trial date in the capital murder case against Anthony Belton. The new date - replacing Monday's previously scheduled trial - results from the defense asking to postpone all proceedings while the Ohio Supreme Court decides whether parts of the state's death-penalty law are unconstitutional.

    Family members of both the victim and the defendant showed emotion during Friday's hearing. Mr. Dugan's family declined to comment.

    Mr. Belton, 24, of 934 Cuthbert Rd. was indicted Aug. 28, 2008, on one count of aggravated murder and two counts of aggravated robbery. Included in the murder charge are specifications making him eligible for the death penalty.

    Mr. Belton is accused of shooting Mr. Dugan, 34, once in the back of the head during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road. Police said he entered the convenience store about 7 a.m., approached the counter with a drink, then pulled out a gun and demanded money.

    Authorities said he shot Mr. Dugan after the clerk turned around in response to an order to retrieve telephone cards from behind the counter.

    At issue before the court is an argument put forward last year by Mr. Belton's attorneys asking that a jury be empaneled to decide the possible sentence of death if Mr. Belton were to enter a plea in Mr. Dugan's slaying. The defense argued that state law violates Mr. Belton's constitutional right to a jury because it does not let a defendant plead to aggravated murder with death-penalty specifications and then proceed to the penalty phase before a jury.

    Judge Franks denied the motion last November and reaffirmed her decision this week. But since the original 2009 decision, a similar issue was raised in another court in the state. That argument, originating in Butler County, is pending before the Ohio Supreme Court.

    Defense attorney Pete Rost said because the issue pending before the high court is relevant in Mr. Belton's case, the defense would be remiss to continue with Monday's previously set trial date.

    "Quite candidly, we were hoping to receive guidance by the Supreme Court," he said in court.

    On Friday, the judge maintained she believed the ruling was correct. But she acknowledged that if a higher court disagreed, the outcome of a trial would be reversed.

    http://toledoblade.com/apps/pbcs.dll...EWS02/10290395

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    Lawyers appeal ruling in store-clerk slaying

    Defense attorneys for the Toledo man charged with the 2008 shooting death of a BP convenience-store clerk have reasserted arguments that portions of the state's death penalty are unconstitutional.

    Anthony Belton is charged in Lucas County Common Pleas Court with aggravated murder with death penalty specifications and aggravated robbery for the Aug. 13, 2008, death of Matthew Dugan. He is scheduled to go to trial Jan. 3.

    Mr. Belton's attorneys filed a notice of appeal last week in the Ohio 6th District Court of Appeals. The filing means that the issues must be decided in the appellate court prior to proceeding to trial.

    "We didn't want to take the risk that if we didn't appeal we waived the right to make that argument," attorney Pete Rost said Monday.

    At issue is an argument put forward last year by Mr. Belton's attorneys asking that a jury be empaneled to decide the possible sentence of death if Mr. Belton were to enter a plea in the case. The defense argued that state law violates Mr. Belton's constitutional right to a jury trial because it does not let a defendant plead to aggravated murder with death-penalty specifications and then proceed to the penalty phase before a jury.

    Judge Ruth Ann Franks denied the defense motion this year and reaffirmed her decision Oct. 25. However, she set a 2011 trial date after learning that a similar issue was raised in a court in Butler County and that it was appealed to the Supreme Court of Ohio.

    Mr. Rost said Monday he filed a notice to appeal Nov. 24 -- within the required 30 days -- so as not to forfeit Mr. Belton's right to fight the judge's decision. He said the decision was made to pursue the appeal of Judge Frank's decision after learning late last week that the Supreme Court declined to hear the Butler County case, which had been appealed to the 12th District Court of Appeals.

    "The 12th District made a determination that it wasn't a proper appeal. Our 6th District may come up with a different decision," Mr. Rost said. "The Supreme Court didn't give any guidance at all."

    Mr. Belton, 24, of 934 Cuthbert Rd., is accused of shooting Mr. Dugan, 34, once in the back of the head during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road. Police said he entered the convenience store about 7 a.m., approached the counter with a drink, then pulled out a gun and demanded money.

    Authorities said he shot Mr. Dugan after the clerk turned around in response to an order to retrieve telephone cards from behind the counter.

    "We'll respond to the defendant's arguments in the 6th District Court of Appeals in order to get this case back into a posture where it can be tried," said Assistant County Prosecutor Rob Miller.

    http://toledoblade.com/article/20101...0407/-1/NEWS01

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    Trial date is vacated in case of clerk’s murder

    The Jan. 3 trial date set in Lucas County Common Pleas Court for the capital murder case against Anthony Belton was vacated Wednesday.

    Mr. Belton’s attorneys filed an appeal in the Ohio 6th District Court of Appeals reasserting arguments that portions of the state’s death penalty are unconstitutional. The filing means that the issues must be decided in the appellate court prior to proceeding to trial.

    Belton is charged with aggravated murder with death penalty specifications and aggravated robbery for the Aug. 13, 2008, death of Matthew Dugan, a BP convenience-store clerk.

    http://toledoblade.com/article/20101...9884/-1/news02

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    June 13 trial is vacated in Belton’s murder case

    The June 13 trial date set in Lucas County Common Pleas Court for the capital murder case against Anthony Belton was vacated Friday.

    Mr. Belton’s attorneys filed a motion to vacate the trial date citing the attempt to file a delayed appeal in the Ohio 6th District Court of Appeals. The defense noted that the appeal was not heard in the appellate court because counsel did not attach the appropriate order from the trial court with its first appeal.

    The appeal reasserts arguments that portions of the state’s death penalty are unconstitutional.

    Mr. Belton is charged with aggravated murder with death penalty specifications and aggravated robbery for the Aug. 13, 2008, death of Matthew Dugan, a BP convenience-store clerk.

    He is accused of shooting Mr. Dugan, 34, once in the back of the head during an early-morning robbery that day at the former BP gas station at Dorr Street and Secor Road.

    http://www.toledoblade.com/Courts/20...er-case-2.html

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    Belton gets new murder trial date

    Though the Ohio 6th District Court of Appeals may decide to hear an appeal filed by his attorneys, Anthony Belton was given a new trial date in Lucas County Common Pleas Court Thursday.

    Mr. Belton, 25, is charged with aggravated murder with death penalty specifications, and aggravated robbery for the Aug. 13, 2008, shooting death of Matthew Dugan, a BP convenience-store clerk. Thursday, Judge Ruth Ann Franks set an Oct. 11 trial date.

    Defense attorneys, who unsuccessfully challenged portions of the state's death penalty law to the trial court, have since filed with the appellate court. The appeal was initially dismissed. The defense has asked for the ability to refile, but the appellate court has yet to rule on the request.

    http://www.toledoblade.com/Courts/20...rial-date.html

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    Murder defendant to file delayed appeal in case

    The Ohio Sixth District Court of Appeals has decided to allow attorneys to file a delayed appeal in the death-penalty case involving Anthony Belton.

    The appellate court ruled Friday that the request to file a delayed appeal met the necessary requirements. It then ordered that the record be filed within 40 days.

    Mr. Belton, 25, of 934 Cuthbert Rd. is accused in the shooting death of Matthew Dugan, 34, during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road.

    At issue before the court of appeals is an argument put forward last year by Mr. Belton’s attorneys asking that a jury be empaneled to decide the possible sentence of death if Mr. Belton were to enter a plea in the case. The defense argued that state law violates Mr. Belton’s constitutional right to a jury because it does not let a defendant plead to aggravated murder with death-penalty specifications and then proceed to the penalty phase before a jury.

    Lucas County Common Pleas Judge Ruth Ann Franks had denied the defense motion early last year and reaffirmed her decision Oct. 25. Currently a trial date is set in the case for Oct. 11.

    http://www.toledoblade.com/Courts/20...l-in-case.html

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    Prosecutor takes issue with appeals court move

    Repeated delays in BP trial are challenged

    Claiming the appellate court wrongly agreed to hear the appeal of an accused killer who is still awaiting trial, Lucas County Prosecutor Julia Bates has filed a complaint against the 6th Ohio District Court of Appeals to stop the appellate process.

    Mrs. Bates' office filed a "writ of prohibition" last week with the Ohio Supreme Court, asking it to order the aggravated murder case of Anthony Belton be returned to Lucas County Common Pleas Court.

    The case has been put on hold in Common Pleas Court after the appellate court agreed to hear the arguments of Mr. Belton's lawyers in a challenge of the constitutionality of the state's death penalty law.

    The appeals court, represented by the Ohio Attorney General's Office, has not filed a response.

    "We filed a lawsuit in the Ohio Supreme Court for the purpose of challenging the actions of the 6th District Court of Appeals in granting appellate jurisdiction of what we believe was a [nonappealable] decision," said John Weglian, chief of the special units division of the prosecutor's office. "Our reason for doing this is to try and get this case to trial."

    Mr. Belton, 25, is accused in the shooting death of Matthew Dugan, 34, during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road.

    Authorities said Mr. Belton entered the store and demanded money. He allegedly shot Mr. Dugan once in the back of the head after the clerk turned around in response to the assailants's demands for phone cards.

    Two of Mr. Belton's alleged accomplices have entered pleas and been sentenced for their roles in the robbery.

    Tony Bivens, Jr., was sentenced in April, 2009, to six years in prison after he was convicted of conspiracy to commit aggravated robbery when he admitted to driving the getaway vehicle for the armed robbery.

    Dymon Bolton was sentenced in December, 2008, to four years in prison after pleading guilty to two counts of obstructing justice for lying to police during the investigation. He was released after serving five months in an intensive prison program.

    Mr. Belton, who faces the death penalty if convicted of aggravated murder and aggravated robbery, has had several trial dates postponed.

    Lucas County Common Pleas Judge Ruth Ann Franks recently set an Oct. 11 trial date.

    At issue before the appeals court is an argument made last year by Mr. Belton's trial attorneys asking that a jury be empaneled to decide the possible sentence of death if Mr. Belton were to enter a plea in the case.

    The defense argued that state law violates Mr. Belton's constitutional right to a jury because it does not let a defendant plead to aggravated murder with death-penalty specifications and then proceed to the penalty phase before a jury.

    Judge Franks had denied the defense motion early last year and reaffirmed her decision Oct. 25.

    It is that ruling that Mr. Belton's attorneys have asked the appellate court to review.

    The appeals court decided June 10 to accept a delayed appeal of the issue.

    In the complaint filed in the Ohio Supreme Court, the prosecutor's office disagreed with that decision.

    "According to our analysis of what has transpired, we do not believe this is an appellate issue. We believe it is a proceeding that has been interposed for the purpose of a delay at best," Mr. Weglain said. "There has been an endless series of motions filed by the defense to delay the prosecution of this case. It is our hope that by filing this writ of prohibition that we might be able to eliminate that delay that would come with a filed appeal."

    Mrs. Bates was unavailable for comment Thursday.

    Francis King, administrator for the appellate court, declined to comment and referred questions to the Attorney General's office.

    Lisa Hackley, spokesman for Ohio Attorney General Mike DeWine's office, said that the office was aware of the writ and was looking at what was filed.

    She confirmed that the Attorney General's office would represent the appellate court.

    In the 197-page complaint -- including multiple exhibits -- the prosecutor's office claimed the 6th District "patently and unambiguously lacks jurisdiction because the order is not a final, appealable order under [state law.]"

    The office further filed a 22-page memorandum in support that requested the Supreme Court remand the case to the Common Pleas Court or stop further action in the appellate court until after both sides have submitted full arguments.

    Attorney Jeffrey Gamso is representing Mr. Belton in the 6th District Court of Appeals.

    He said that the argument of jurisdiction had come up in the appellate court, which decided that it did have the right to hear the case.

    "The simple thing to say, I think the prosecutor's office is wrong. I think the court of appeals got it exactly right," he said.

    Mr. Gamso said he will likely request a stay on the appellate court proceedings until a decision is made by the high court. Mr. Gamso said he, along with Mr. Belton's trial lawyers Pete Rost and Ronnie Wingate, may consider filing something in the Supreme Court case as well.

    "The real question is, does [Mr. Belton] ever have a right to complain about [this issue,]" he said.

    http://www.toledoblade.com/Courts/20...ourt-move.html

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