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Thread: Joseph McAlpin - Ohio Death Row

  1. #11
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    Edited:

    Cleveland man guilty in Mr. Cars slayings, faces death penalty

    By Cory Shaffer
    cleveland.com

    CLEVELAND, Ohio -- A jury on Tuesday found a Cleveland man guilty of aggravated murder in the execution-style killings of a couple and their dog inside the used car lot they owned.

    Joseph McAlpin will now face the death penalty in the November 2017 deaths of Michael Kuznik and Trina Tomola inside the Mr. Cars lot in the city’s Collinwood neighborhood.

    Members of the Kuznik and Tomola families, who attended much of the testimony throughout the three-week trial, weeped when Common Pleas Court Judge Brian Corrigan read the verdict.

    McAlpin represented himself at trial, a move that is believed to be the first in a capital trial in Cuyahoga County history. He did not react when the verdict was read.

    Prosecutors relied on DNA evidence, cellphone records and testimony from a man who admitted to helping McAlpin carryout what was supposed to be a simple burglary to steal cars and titles.

    https://www.cleveland.com/metro/2019...h-penalty.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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  2. #12
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    Judge in Cleveland sets hearing that will determine whether convicted Mr. Cars killer gets the death penalty

    By Cory Shaffer
    cleveland.com

    CLEVELAND, Ohio -- A judge set a date for the second phase of the trial of a man who faces the death penalty after jurors convicted him of killing a couple at a Cleveland car lot.

    The penalty phase of the trial of Joseph McAlpin is set to begin May 13.

    McAlpin was convicted last week of aggravated murder and other charges in the execution-style deaths of Michael Kuznik and Trina Tomola.

    The penalty phase allows jurors to hear additional evidence and recommend whether McAlpin should receive the death penalty or a life in prison. The hearing was set to begin Monday, but it was delayed after McAlpin asked for a mitigation report and a pre-sentence investigation.

    Those reports require court staff and mental-health doctors to interview McAlpin to determine, among other things, if he has any mental-health conditions or a troubled past that could be used during the penalty phase to convince jurors to spare his life.

    McAlpin, who is representing himself during the trial, refused to sit down for those interviews before the trial began.

    Prosecutors relied on DNA evidence, cellphone records, search history and testimony from a man who admitted to helping McAlpin carryout what was supposed to be a simple burglary to steal cars and titles to tie McAlpin to the March 11, 2017 slayings.

    https://www.cleveland.com/court-just...h-penalty.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #13
    Administrator Helen's Avatar
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    Jury recommends death for Joseph McAlpin; formal sentencing for murders of Cleveland car dealership couple set for May 21

    By Julia Tullos and Chris Anderson
    Cleveland 19 News

    CLEVELAND, Ohio (WOIO) - The jury in the high-profile murder case of a couple who owned a car dealership in Cleveland recommended the death sentence for Joseph McAlpin.

    The jury began deliberating in the death penalty phase of the Joseph McAlpin trial around 11 a.m. Thursday and reached a verdict approximately 30 minutes later.

    It was the jury’s task to decide whether McAlpin would spend life in prison or be sentenced to death.

    On April 16, McAlpin was convicted of murdering a Cleveland husband and wife at their car dealership, Mr. Cars, on East 185th Street in Cleveland’s Collinwood neighborhood.

    Trina Tomola, Michael Kuznik and their dog were all shot in April of 2017.

    Several cars and cash were also stolen.

    The couple’s son found their bodies later that evening.

    McAlpin represented himself at the trial, which began on March 18, in front of Cuyahoga County Court of Common Pleas Judge Brian Corrigan.

    Jerome Diggs and Andrew Keener are also charged in connection with the double murder. Keener pleaded guilty and testified against McAlpin.

    He was scheduled to be sentenced Wednesday, but the sentencing was continued and there is no new date set at this time.

    Diggs has a pre-trial appearance scheduled for June 3.

    McAlpin will return to the courtroom on May 21 at 1 p.m., there the judge will formally sentence the convicted murderer.

    https://www.cleveland19.com/2019/05/...ar-dealership/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #14
    Administrator Helen's Avatar
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    Edited:

    Cleveland man gets death penalty in Mr. Cars double murder

    By Cory Shaffer
    cleveland.com

    CLEVELAND, Ohio -- A judge on Tuesday imposed the death penalty on a 32-year-old man convicted of the execution-style murders of a couple during a break-in attempt at their family-owned car lot.

    Joseph McAlpin will pay the law’s ultimate penalty in the 2017 shooting deaths of Michael Kuznik and Trina Tomola inside Mr. Cars on East 185th Street.

    Common Pleas Court Judge Brian J. Corrigan, who presided over the three-week trial, condemned McAlpin to death row after the jury on Thursday recommended the death penalty in the trial’s second phase.

    McAlpin, who is believed to be the first defendant to represent himself in a death-penalty trial in Cuyahoga County’s history, thanked Corrigan and the team of county prosecutors for their patience with him during the trial. He also apologized to his own family for what he called “ignorant” declarations during trial that he would only accept full liberty or death.

    McAlpin offered no words to the family of Kuznik and Tomola, who packed the courtroom’s gallery but chose not to address the court.

    Cleveland City Councilman Michael Polensek, whose ward encompassed the Collinwood neighborhood where the car lot sat for 40 years, called McAlpin a “demonic killer” who rocked the entire neighborhood and the business community across Cleveland.

    “This was never about retribution,” Polensek said. “This was about justice.”

    Prosecutors put forth no additional evidence in the second phase of trial, and McAlpin called a handful of family members to testify on his behalf.

    The jury reached its recommendation after about deliberating for less than an hour.

    McAlpin has maintained his innocence throughout both phases of the trial.

    https://www.cleveland.com/court-just...le-murder.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Moderator Ryan's Avatar
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    McAlpin entered Ohio's Death Row on 5/27/19.

    https://www.drc.ohio.gov/death-row
    "How do you get drunk on death row?" - Werner Herzog

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  6. #16
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    Motion for a new trial via writ of mandamus denied by the Ohio Supreme Court.

    https://www.supremecourt.ohio.gov/pd...pdf=904591.pdf
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  7. #17
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    Death penalty upheld for man who killed couple during Cleveland car dealership robbery

    By Cory Shaffer
    cleveland.com

    CLEVELAND, Ohio -- The Ohio Supreme Court on Thursday upheld the death sentence imposed on a man convicted of robbing, kidnapping and killing a Cleveland couple at the car lot they owned in 2017.

    The justices unanimously held that there was overwhelming evidence that Joseph McAlpin killed Michael Kuznik and Trina Tomola inside Mr. Cars on East 185th Street. The justices also rejected McAlpin’s argument that he deserved a new trial because the attorneys appointed to help represent himself interfered with his trial strategy.

    Justice Melody Stewart wrote the opinion that five of her colleagues joined. Justice Patrick Fischer wrote a concurring opinion in which he called for the court to overturn the court’s precedent barring so-called “hybrid representation,” where defendants represent themselves but share duties with defense attorneys.

    Cuyahoga County Prosecutor Michael O’Malley said in a statement that his office is pleased with the ruling.

    “Mr. McAlpin brutally executed a husband and wife, the owners of a beloved family owned car shop, along with their dog, for his own profit and gain,” O’Malley said. “Today was a significant step in upholding justice for the victims’ family and friends.”

    McAlpin’s appeal will next move to federal court.

    The slayings came April 14, 2017. It was Good Friday, and Kuznik and Tomola were closing up the dealership to head home to their children. They had Easter baskets in the backseat of their car, police said.

    Andrew Keener testified at McAlpin’s 2019 trial that McAlpin and Jerome Diggs, who is McAlpin’s brother, recruited him to help them rob Mr. Cars in exchange for drugs and money. Keener said the brothers told him they planned to steal titles and cars from the dealership, then sell the cars for cash.

    He said he and Diggs waited in their car for more than an hour while McAlpin went inside to steal the items. He and McAlpin then drove stolen cars -- McAlpin in a BMW and Keener in a Mercedes -- to a house on the city’s West Side.

    Keener pleaded guilty to involuntary manslaughter and grand theft and was sentenced to six years in prison. Diggs was charged with dozens of counts, including murder and aggravated robbery, but prosecutors dismissed the charges against him in January 2021.

    Data from McAlpin’s cellphone showed that he called Mr. Cars at 4 p.m., then made several phone calls with Keener between 5:30 p.m. and 7 p.m. before traveling across the city to West 48th Street.

    Surveillance cameras from nearby businesses showed McAlpin walking into the dealership just before 5:30 p.m., then leaving about an hour later and putting items into the Mercedes. The video showed Keener walk onto the lot and get into the Mercedes, and the two drove off.

    No one else came into the car lot after McAlpin.

    The couple’s 19-year-old son walked from their home around the corner to the dealership to check on them when they didn’t come home that evening. He found his parents.

    Kuznik was shot twice -- once in the cheek and once in the forehead. Both shots were fired from less than 3 feet away, a deputy medical examiner testified. Tomola was shot in the back of the head from about 3 feet. The couple’s dog, Axel, was also shot in the head.

    Police found two cars were missing from the dealership, and computers housing the dealership’s surveillance system were also stolen.

    A friend of the couple called the dealership a few minutes after McAlpin walked inside and testified that Tomola answered and spoke very quietly, which was out of character.

    McAlpin’s DNA was found inside Kuznik’s pockets, on a computer inside the dealership’s office and inside the stolen BMW, police said.

    McAlpin’s Google account also showed searches for guns, different calibers of ammunition and how to switch car titles without the owner’s permission in the days before the crime. The morning after the killings, McAlpin’s account also showed searches for 2008 BMW cars and news accounts of the robbery at Mr. Cars.

    McAlpin chose to represent himself, and Cuyahoga County Common Pleas Court Judge Brian Corrigan appointed attorneys to act as stand-by counsel to advise him. The Ohio Supreme Court has previously held that defendants who choose to represent themselves can only rely on the attorneys to help them with procedural and technical issues. They may not act as co-counsel along with the defendant.

    In his appeal, McAlpin argued that one of the attorneys interfered with his ability to hire an expert to challenge the accuracy of the DNA testing that linked him to the crime. He said the attorney, Kevin Cafferkey, told the expert not to prepare a report because it would only further prove McAlpin’s guilt and told her not to talk to McAlpin without Cafferkey present.

    The court also found that the mitigation evidence McAlpin presented to try to convince jurors and Corrigan to spare his life “has weight.”

    That included McAlpin’s mother’s boyfriends abusing him physically, mentally and sexually. McAlpin also suffered from post-traumatic stress disorder and depression.

    The justices found, however, that the mitigation evidence “pales in comparison” to the aggravating circumstances prosecutors presented.

    The court also rejected McAlpin’s claims that the judge was wrong to dismiss a potential juror who said his Catholic faith made him unsure about imposing the death penalty, and that prosecutors acted with prejudice by dismissing more women than men during jury selection.

    The justices did find some comments that assistant prosecutors made during the course of the trial were improper, including accusing McAlpin of offering little respect to the couple’s family when he read from a statement. But the court found the errors did not affect the outcome of the trial.

    Fischer, the justice who wrote a concurring opinion, said that McAlpin’s case highlights the complications that arise by the court’s prior rulings barring hybrid representation.

    “It was nearly impossible in this case for stand-by counsel to act merely as procedural advisers in the courtroom,” he wrote. “We should not be placing defendants and their lawyers in these difficult positions without more guidance and flexibility.”

    https://www.cleveland.com/court-just...p-robbery.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
    Administrator Helen's Avatar
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    Death sentence upheld for Cleveland man who killed car lot owners

    By The Highland County Press

    The Supreme Court of Ohio recently affirmed the death penalty of a Cleveland man who killed the husband-and-wife owners of a car dealership while stealing two cars and money.

    In a unanimous decision, the Supreme Court found overwhelming evidence that Joseph McAlpin entered the Mr. Cars dealership and robbed and murdered its owners in April 2017. After independently weighing the aggravating circumstances and mitigating factors, the Court concluded that the death sentence was appropriately imposed.

    McAlpin chose to represent himself during his trial, and “standby counsel” was appointed to assist with procedural matters. Among the challenges to his conviction, McAlpin claimed he is entitled to a new trial because his standby attorneys interfered with his trial preparation and strategy.

    Writing for the Court, Justice Melody Stewart noted that McAlpin claimed numerous errors were made at his trial because while acting as his own attorney he did not know when to object or how to ensure his constitutional rights were protected. However, the Court found none of the errors impacted his “substantial rights” and did not affect the outcome of the trial.

    Along with joining the majority opinion, Justice Patrick F. Fischer wrote a concurring opinion, stating the Court needs to recognize that the Ohio Constitution permits “hybrid representation.” Hybrid representation is the right to represent oneself with the assistance of counsel. It provides clearer guidelines, giving attorneys a greater role than the restrictive duties of standby counsel, but still allowing defendants to participate fully in their defense, he concluded.

    Andrew Keener testified at McAlpin’s trial that he met with McAlpin and his brother on the east side of Cleveland. McAlpin’s brother told Keener that he and McAlpin planned to steal some cars and sell them. He promised Keener money and drugs if Keener drove one of the vehicles off the lot.

    Keener said he saw McAlpin, with a gun hidden under his sweatshirt, on a side street near Mr. Cars. About 20 minutes later, McAlpin called him to drive a 2006 Mercedes off the lot. McAlpin drove off in a 2008 BMW. The cars were driven to the west side of Cleveland, where Keener got out. He said he learned a few days later two people were killed at the dealership, and he was never paid. Keener pled guilty to charges related to the deaths of the car lot’s owners and was sentenced to six years in prison.

    The victims lived with their three children around the corner from Mr. Cars, a dealership started by the male victim’s father. After calling and receiving no response from their parents near the usual closing time, the children became concerned. The oldest son drove to the lot around 9:30 p.m. and discovered the victims had been shot to death, along with the family dog, which regularly accompanied the couple at work. He called police.

    Cleveland police detectives learned that on the day of the murder two customers paid $7,500 in cash for vehicles. The male victim’s wallet was stolen, and no other cash was found at the lot. The security video system, including the digital video recorder, was stolen.

    Investigators were able to get footage from a business across the street from the Mr. Cars lot and from another business located one block away. Police then received an anonymous tip, stating that McAlpin and his brother were involved. Patrol officers recovered the stolen vehicles.

    DNA evidence was collected from the scene and the vehicles. DNA matching McAlpin’s profile was found on computer equipment in the back office of Mr. Cars, from the inside of the male victim’s pants pocket, and the inside of the stolen BMW.

    McAlpin was arrested about two months after the murders. He denied any involvement. He was charged with two counts of aggravated murder, with death penalty specifications for each count, and several other crimes.

    The Cuyahoga County Medical Examiner’s Office conducted the autopsies, and the deputy medical examiner testified that both victims were shot at close range.

    An FBI special agent assisted the investigation by reviewing the cell phone records, which showed McAlpin was in touch with his brother and Keener during the time of the murders. Investigators also tracked the calls to the location where Keener said he parked the stolen car. Location information from McAlpin’s cell phone showed he moved consistently with Keener’s account of the events.

    Google searches on McAlpin’s account included information on different firearms and how to switch a title on a vehicle without the owner’s permission.

    A DNA analyst with the medical examiner’s office testified that McAlpin’s DNA was almost certainly in the samples taken from the office equipment, BMV interior, and the male victim’s pocket.

    A jury found McAlpin guilty of all counts and recommended he be sentenced to death for murdering the couple. The trial court imposed the death penalty and an additional 63 years in prison for the non-death-penalty-related offenses.

    Because McAlpin was sentenced to death, the Supreme Court automatically reviewed his case.

    McAlpin raised 17 legal arguments in his appeal, including a charge that his court-appointed attorneys interfered with his trial strategy and preparation. McAlpin disagreed with his attorneys after their appointment and told the court he was going to represent himself.

    The trial court warned McAlpin that he might face difficulties, and while honoring his request to represent himself, the judge appointed standby counsel. The judge informed McAlpin that the standby attorneys were there only to aid him with any procedural hurdles and could only act on his behalf if he no longer chose to represent himself.

    McAlpin’s interference claim centered on a standby attorney’s role in coordinating the production of a DNA evidence report from an expert witness.

    Before he removed his attorneys, his defense team hired a firm to conduct an independent DNA analysis of the evidence. After dismissing the attorneys, McAlpin told the court that he wanted all the information from the defense investigators forwarded to him and for the investigators to meet with him while he was in jail.

    McAlpin complained he was getting no information from his standby attorneys regarding the expert witnesses or their reports. He asked that the attorneys be replaced, and the trial court appointed a second set of standby attorneys. Before receiving any information with the assistance of his new attorneys, McAlpin told the trial judge he was ready to proceed to trial.

    After his conviction, McAlpin sought a new trial, stating the DNA analyst from the medical examiner’s office committed misconduct and the DNA evidence excluded him as a suspect. At a hearing on the request for a new trial, McAlpin maintained one of his new attorneys twice denied his request to have a defense expert’s DNA report prepared. McAlpin stated that the attorney told him the report would not be helpful to his defense.

    McAlpin stated that the attorney gave the defense expert the impression that she could not communicate with McAlpin without the attorney present. McAlpin argued that instead of advising him, the attorney was interfering with his ability to gather information and prepare for his defense. McAlpin told the trial court if he had the defense expert’s DNA report, he would have been able to effectively cross-examine the medical examiner’s DNA analyst about her conclusions.

    The Cuyahoga County prosecutor at the request-for-a-new-trial hearing argued that McAlpin was not entitled to a new trial and that his defense lawyer made a good decision by advising McAlpin not to obtain the defense expert’s report. The prosecutor explained that the attorney told McAlpin the results would not be favorable to him, and it would only confirm the information produced at the trial.

    Justice Stewart noted McAlpin did not object to the DNA expert’s testimony during trial, but only raised the issues in his appeal. Because of this delay, McAlpin had to prove that if not for the alleged interference by his attorneys, there was a reasonable probability that the jury would have acquitted him, the opinion explained.

    McAlpin argued he needed the report to undermine the medical examiner’s testimony. But the Court found there was no indication that had a defense expert report been prepared, it would have aided in McAlpin’s cross-examination. In fact, McAlpin even confirmed that during a conversation with the head of the lab hired to assist his defense, he was told that a report would not be favorable to him, the opinion noted.

    The Court rejected the interference argument and all of McAlpin’s other claims.

    https://highlandcountypress.com/Cont...ers/2/73/79928
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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