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Thread: Anthony Belton - Ohio Death Row

  1. #11
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    2012 trial set for Belton in slaying of store clerk

    While awaiting the Supreme Court of Ohio’s decision on whether the capital case against Anthony Belton is to return to Lucas County Common Pleas Court, a 2012 trial date has been set.

    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.

    Common Pleas Court Judge Ruth Ann Franks vacated the trial that was to begin last week and set a Jan. 23 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, but the appellate court then granted permission to refile.

    Claiming the appellate court wrongly agreed to hear the appeal, Prosecutor Julia Bates’ office filed a complaint against the 6th Ohio District Court of Appeals in June to stop the appellate process. The issue has yet to be decided by the Supreme Court.

    http://www.toledoblade.com/Courts/20...e-clerk-2.html

  2. #12
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    Ohio Supreme Court rejects attempt by Belton to enter a hybrid plea

    The Ohio Supreme Court Thursday blocked accused murderer Anthony Belton’s attempt to appeal a decision preventing him from pleading guilty but still having a jury decide his sentence.

    The high court unanimously found that the Toledo-based 6th District Court of Appeals "patently and unambiguously" lacks jurisdiction to hear an appeal that Lucas County Prosecutor Julia Bates’ office contended was the latest in a series of delay tactics.

    Mr. Belton, 25, of Toledo, faces aggravated murder and aggravated robbery charges in the Aug. 13, 2008, shooting of Matthew Dugan, 34, during a robbery at the former BP gas station at Dorr Street and Secor Road.

    He sought to challenge Ohio’s death penalty law preventing him from entering the plea before a three-judge panel without waiving his right to a jury in the sentencing phase. Lucas County Common Pleas Court Judge Ruth Ann Franks denied that motion, and the 6th District later agreed to accept an appeal of that ruling.

    The Supreme Court found that the motion was not a final appealable order.

    "A criminal defendant does not have a constitutional right to enter a guilty plea or have it accepted by the court," the high court ruled. There is no "hybrid, nonstatutory procedure" that would allow Mr. Belton to plead guilty before a three-judge panel, have that plea accepted, and then switch to a jury for sentencing, it said.

    Mr. Belton, however, could still raise the issue at trial, but would have to wait until after there’s a verdict before he raises it on appeal.

    "Under current law, the trial court would have to reject such a hybrid plea as not legally authorized," the Supreme Court wrote. "And upon a plea of not guilty, Belton could raise his claim on appeal should be convicted and sentenced."

    Assistant Prosecuting Attorney Evy M. Jarrett, who filed the motion with the Supreme Court, contended that there was another option for Mr. Belton to put his fate in the hands of a jury without entering a guilty plea.

    "If he wishes to demonstrate remorse and acceptance of responsibility but retain his right to a jury for sentencing purposes, he may request a trial by jury and stipulate to the evidence of his guilt or stand mute and not oppose a jury finding of guilt," Ms. Jarrett wrote. "Thereafter, he can advise the jury during his sentencing hearing that his crime is mitigated by his acceptance of responsibility for his actions."

    Two of Mr. Belton’s alleged accomplices have entered pleas and been sentenced. Tony Bivens, Jr., 20, the driver of the getaway vehicle, is serving a six-year sentence in the Toledo Correctional Institution for conspiracy to commit aggravated robbery.

    Dymon Bolton was sentenced to four years for two counts of obstructing justice for lying to police, but he was released after five months in an intensive prison program.

    A new trial date for Mr. Belton has been set for Jan. 23. His appellate attorney, Jeffrey Gamso, could not be immediately reached for comment.

    http://www.toledoblade.com/Courts/20...brid-plea.html

  3. #13
    Ohio is one of 3 states I think should go to the Advisory Recommendation as it concerns death sentences. Ohio, North Carolina and Georgia because it does seem relatively hard to obtain death penalty sentences in these states. We saw the case involving Brian Nichols in Georgia.. I've seen alot of heinous crimes that warranted the D.P notably in Georgia in particular only for the defendant to be sentenced to LWOP. Juries are to lenient in these states..

  4. #14
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    New trial date set for 2008 capital murder case

    A new trial date was set Tuesday in Lucas County Common Pleas Court in the capital murder case of a Toledo man charged in the 2008 shooting death of a convenience store clerk.

    The trial date of Anthony Belton. 25, was rescheduled from Jan. 23 to April 2. Belton is charged with aggravated murder, and aggravated robbery for the Aug. 13, 2008, shooting death of Matthew Dugan. He could face the death penalty if convicted.

    Two of Mr. Belton’s alleged accomplices have entered pleas and have been sentenced. Tony Bivens, Jr., 20, the driver of the getaway vehicle, is serving a six-year prison term. Dymon Bolton, 21, was sentenced to four years for two counts of obstructing justice by lying to police.

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

  5. #15
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    Capital case to be heard by judge panel

    The capital case for the man charged in the shooting-death of a clerk at the former BP gas station will go to trial in Lucas County Common Pleas Court Monday before a panel of three judges.

    Anthony Belton waived his right to a trial by jury Tuesday during a court appearance previously set to excuse potential jurors in the case. The decision means that the case will be decided by Judge Ruth Ann Franks and two other judges, who will also choose Mr. Belton’s sentence.

    Mr. Belton, 26, is charged with aggravated murder and aggravated robbery in the Aug. 13, 2008, shooting of Matthew Dugan, 34, during a robbery at the former BP gas station at Door Street and Secor Road. If convicted, he could face the death penalty.

    Attorneys Pete Rost and Ronnie Wingate declined to comment after the hearing about the rationale of waiving a jury trial. Mr. Rost said in court that the decision does not negate earlier arguments challenging the constitutionality of Ohio law preventing Mr. Belton from entering the plea before a three-judge panel without waiving his right to a jury in the sentencing phase.

    “We still maintain our motion seeking to enter a plea to a panel and proceeding to mitigation to a jury,” he said.

    The issue was argued for many months in several courts. The defense first argued in 2010 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 in early 2010 and reaffirmed her decision later that same year.

    The 6th District Court of Appeals agreed last June to accept a delayed appeal of the issue but that decision was overruled in October when the Ohio Supreme Court unanimously found that the Toledo-based appellate “patently and unambiguously” lacks jurisdiction to hear the appeal.

    The high court’s decision was praised by the prosecutor’s office who said that the case would finally be able to move forward.

    In court Tuesday, Judge Franks reviewed Mr. Belton’s right to a jury trial and reviewed what it meant to waive that right. She noted that he could still change his mind and have a trial before a jury.

    Two of Mr. Belton’s alleged accomplices have entered pleas and been sentenced.

    Tony Bivens, Jr., 20, the driver of the getaway vehicle, is serving a six-year sentence in the Toledo Correctional Institution for conspiracy to commit aggravated robbery.

    Dymon Bolton, 21, was sentenced to four years for two counts of obstructing justice for lying to police, but he was released after five months in an intensive prison program.

    Mr. Dugan’s family was not in the courtroom Tuesday. They have in the past declined to comment on the case as Mr. Belton awaits trial.

    http://www.toledoblade.com/Courts/20...dge-panel.html
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  6. #16
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    Belton trial starts today

    The trial for a Toledo man who's charged with the 2008 shooting death of a BP convenience store clerk starts today. Anthony Belton's trial starts this morning at 9:00 in Lucas County Common Pleas court. Belton is charged with aggravated murder with death penalty specifications and aggravated robbery for the shooting death of Matthew Dugan.

    Back in 2008 police say Anthony Belton and two accomplices robbed the former BP gas station on Dorr and Secor, and in the process shot and killed Matthew Dugan, the employee working the counter at the time of the crime.

    The state is now seeking the death penalty against Belton, the man who allegedly shot Dugan. His accomplices: Tony Bivens Jr. and Dymon Belton both took plea deals and served time in prison. But Belton could face the death penalty, a sentence his attorneys are working to fight.

    http://www.13abc.com/story/17308608/...l-starts-today
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  7. #17
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    Belton pleads no contest in shooting death of store clerk

    Anthony Belton on Monday morning entered a no contest plea to all the charges he faced in the shooting death of a gas station clerk more than three years ago.

    His trial before a three judge panel was slated to start Monday in Lucas County Common Pleas Court, but he entered the plea instead.

    Mr. Belton, 26, was charged with aggravated murder and aggravated robbery in the Aug. 13, 2008, killing of Matthew Dugan, 34, during a robbery at the former BP gas station at Dorr Street and Secor Road. If convicted, he faced the death penalty.

    Testimony is now being heard by Judge Ruth Ann Franks and two other judges before they determine if he is guilty.

    http://www.toledoblade.com/Courts/20...ore-clerk.html
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    "Y'all be makin shit up" ~ Markeith Loyd

  8. #18
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    3 judges find Belton guilty in murder of store clerk

    Anthony Belton was found guilty in Lucas County Common Pleas Court on Wednesday of aggravated murder and aggravated robbery for the 2008 shooting of a BP store clerk — a verdict that could result in the death penalty.

    A panel of three judges deliberated for about two hours after hearing 11 witnesses and considering more than 100 exhibits. Judges Ruth Ann Franks, James Jensen, and Gene Zmuda announced their verdict at 12:45 p.m. on Wednesday.

    The decision means that the judges will hear testimony during a second hearing known as a penalty phase to determine if Belton will be sent to life in prison or to death row. Witnesses are expected to testify in Belton’s defense.

    Belton, 26, pleaded no contest Monday to aggravated murder and two counts of aggravated robbery as well as capital specifications and gun specifications in the killing of Mr. Dugan, 34, during a robbery at the former BP gas station at Dorr Street and Secor Road.

    The judges will now consider aspects of Belton’s past. If the panel unanimously finds that the state has proven beyond a reasonable doubt that the aggravating circumstances of the crime outweigh any mitigating factors presented by Belton’s attorneys, then the sentence would be death. If the panel decision is not unanimous, the judges then could impose a sentence of life without parole, life with parole eligibility after 30 years, or life with parole eligibility after 25 years.

    During closing arguments Wednesday, Assistant Prosecutor Rob Miller asked the judges to consider the videos played during the two-day trial, including police interviews with Belton that lasted more than three hours and a surveillance video that recorded the Aug. 13, 2008, robbery and shooting. He noted that expert opinions indicated that the amount of pressure needed to pull the trigger on the 9 mm handgun Belton used was about five pounds.

    “Notice the fear when he jumped back, [Belton] receives his cash …,” Mr. Miller dictated while showing the video depicting Mr. Dugan’s final moments. “And when [Mr. Dugan] turns around … the defendant leans forward into the shot and executes his victim.

    “…When he leans in and points that firearm at the back of Matthew Dugan’s head, he’s ensuring it was an accurate shot and it was a fatal shot,” he added.

    Mr. Miller further argued that by Belton’s own admission, he knew Mr. Dugan from making purchases at the store. Because the clerk could recognize him, he needed to murder the witness to his crime, Mr. Miller said.

    Attorney Pete Rost argued to the panel that the state’s theory defied logic in that if Belton wanted to avoid detection, he would have chosen to rob a place where his face was unknown.

    “If Mr. Belton’s plan was to go in there, rob the carryout, and shoot Mr. Dugan, than it’s fairly peculiar that he would pick a place where he was familiar,” he said.

    Mr. Rost asked the judges to consider dismissing the capital specifications “in the interest of justice.”

    http://www.toledoblade.com/Courts/20...ore-clerk.html
    An uninformed opponent is a dangerous opponent.

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  9. #19
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    Belton waits for sentencing in fatal shooting

    Convicted killer Anthony Belton is waiting to learn if he will be sentenced to death. The defense is trying to make its case of why Belton's life should be spared.

    It was a heinous crime and it was all caught on tape. In 2008, Belton walked into the BP gas station on the corner of Dorr and Secor. He then went to the counter, pulled out a gun and demanded cash. When the clerk, Matthew Dugan, turned his back, Belton fatally shot him in the head.

    "In the early morning hours of Aug. 13, 2008, Anthony Belton made two important choices," said Rob Miller, assistant Lucas County prosecutor.

    The video evidence, along with other testimony, was enough for a three-judge panel to convict Belton.

    On Monday, Belton changed his plea from not guilty to no contest.

    On Wednesday, a three-judge panel found Belton guilty of aggravated murder and aggravated robbery.

    On Thursday, testimony continued in the sentencing phase. The judges have yet to determine if Belton will spend life in prison or receive the death penalty.

    The defense presented witnesses to speak to Belton's past in hopes of avoiding the death penalty. Psychologist Dr. Bob Stinson evaluated Benton and took the stand Thursday for more than three hours, speaking of Belton's troubled past. He testified that Belton's mother was a drug addict and when she went to prison, Belton was sent to Calif. to live with his father, who disciplined military-style. That type of discipline did involve abuse.

    "There was significant domestic violence that Anthony was witnessing at a young age," said Stinson. "The discipline became what you would all consider abusive, literally punching and beating down on Anthony at times."

    Stinson said his broken upbringing put him at a greater risk to commit the murder.

    "Because of the abuse and neglect, they're at extreme risk for negative outcomes, including criminality and violence," explained Stinson.

    Court is not in session on Good Friday. Hearings will resume Monday morning when the judges are expected to hear closing arguments before deciding on a sentence.

    http://www.wtol.com/story/17343169/b...fatal-shooting
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #20
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    Deliberations adjourn in Belton death penalty hearing

    Note: Surveillance video of the shooting death of former BP gas station clerk Matthew Dugan can be seen at the bottom of the story.

    A panel of three Lucas County Common Pleas Court judges is to resume deliberations Friday morning to determine whether convicted killer Anthony Belton will be sentenced to life in prison or to death row.

    Judges Ruth Ann Franks, James Jensen, and Gene Zmuda adjourned after deliberating late into the evening Thursday without rendering a decision. To determine the sentence, the judges are considering evidence presented during nearly two days of testimony detailing Belton's background and character.

    Belton, 26, of Toledo was found guilty Wednesday of aggravated murder and two counts of aggravated robbery as well as capital specifications and gun specifications in the Aug. 13, 2008, killing of Matthew Dugan, 34, at the former BP gas station at Dorr Street and Secor Road.

    The conviction was followed by a second phase, or mitigation hearing, during which the judges heard from six witnesses and considered additional evidence.

    RELATED STORY:

    State Senator Brown may watch video of slaying, but says death penalty still must go

    During closing arguments during the mitigation phase late Thursday afternoon, attorney Pete Rost asked the judges to reflect on the information given about Belton's unstable childhood and his exposure to drugs and violence at a young age.

    Mr. Rost reminded the panel that what they could not consider was evidence from the first phase of the trial, which resulted in his conviction.

    "You would be unusual, each of you, if you could disregard what you've all seen over the last four days, but that's what you have to do," he said.

    Mr. Rost acknowledged to the judges that Belton's background does not mean that he shouldn't be punished for his crime.

    "Anthony Belton should be convicted, as he has been. And he should be sentenced harshly," Mr. Rost said. "But not death."

    Assistant Prosecutor Rob Miller reviewed the law, noting that if the judges find that the aggravating circumstances of the crime outweigh the mitigating factors presented by the defense, "then the statute mandates that this panel shall impose death."

    Mr. Miller noted that being raised in a dysfunctional family or around substance abuse "has no correlation with going out and committing murder."

    "This boils down to choices, plain and simple," he said.

    Two psychologists testified Thursday -- one for the state, one for the defense -- about Belton's childhood and mental health.

    Bob Stinson, a forensic psychologist from Twin Valley Behavioral Healthcare, testified as the defense's fifth witness during Belton's mitigation hearing. During nearly four hours of testimony, Mr. Stinson noted his review of several records and interviews with Belton and his family, and concluded that Belton lacked a solid family foundation and encountered several risk factors -- in his family and society -- that shaped his choices.

    Mr. Stinson diagnosed Belton with bipolar disorder and said that the most stable environment he had ever been exposed to was in jail.

    Clinical psychologist David Connell testified as a state witness. Although he agreed that Belton had a dysfunctional upbringing and that he encountered hardships, Mr. Connell disagreed that Belton had a diagnosed bipolar disorder.

    Mr. Connell, who acknowledged that he never personally interviewed Belton or anyone in his family, further disagreed with Mr. Stinson's assessment that Belton has shown remorse for his actions.

    Testifying earlier during the mitigation hearing were Belton's mother, Kim Harold, and his great aunt, as well as an investigator with the Ohio Public Defender's office and a counselor at the Lucas County jail.

    Belton pleaded no contest to the charges Monday, but a trial was still held to ensure there was enough evidence to prove the charge of aggravated murder. He was found guilty of the crimes Wednesday after a two-day trial that consisted of testimony from 11 witnesses and more than 100 exhibits. Included was a surveillance video that recorded Mr. Dugan's final moments.

    The surveillance video shows Mr. Dugan's surprise after being confronted by a man with a gun and the clerk then emptying the cash register. He then complies with a request for phone cards, and when he turns around again, the shooter leans over the counter and shoots him in the back of the head.

    Prior to the start of the hearing on Thursday, the proceedings were delayed shortly because Belton refused to come out of his cell at the Lucas County Jail and be dressed in civilian clothes. Judge Franks noted on the record the delay but was informed shortly thereafter that Belton agreed to appear in court.



    WARNING: This video shows the shooting death of Matthew Dugan by Anthony Belton during a 2008 robbery at the former BP gas station at Dorr Street and Secor Road. This video contains images that may disturb some viewers, but is part of the evidence a three-judge was presented with to determine Belton was guilty of the crime. The Blade believes it is important for the public to have an opportunity to view the video, but it will be published only for a limited period of time.


    Click here for video
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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