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Thread: Stanley E. Jalowiec - Ohio Death Row

  1. #11
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    Jalowiec case gets new judge

    By KAYLEE REMINGTON
    The Morning Journal

    ELYRIA — Ohio Supreme Court Justice Maureen O’Connor has selected a visiting judge for Stanley Jalowiec’s case, after Lorain County Common Pleas Judge James Burge was removed from the case last week.

    Visiting Judge Virgil Lee Sinclair Jr., a retired judge from Stark County will preside over the case, according to the certificate of assignment filed yesterday.

    Jalowiec’s attorney, Kim Rigby, could not be reached for comment.

    Jalowiec’s case had been halted last month after Assistant Lorain County Prosecutor Anthony Cillo asked the Supreme Court to remove Burge from his cases including Jalowiec; Shannon Weber, a former Lorain County Jail nurse from Wellington accused of trying to kill her son; and Albert Fine, charged with the murder of his, Catherine “Kat” Hoholski, in July 2012 and who faces the death penalty if convicted.

    O’Connor had disqualified Burge from the Jalowiec case, but he can remain on the Fine and Weber cases.

    O’Connor also denied Cillo’s request for Burge to be disqualified from all of Cillo’s cases.

    According to the decision, Cillo has claimed that his “complex and often contentious history” with Burge, combined with recent public comments by Burge involving Cillo’s involvement in an alleged disciplinary investigation of Burge, has created impropriety.

    Cillo recently submitted an affidavit from Assistant Lorain County Prosecutor Nick Hanek who stated that Burge said to him, “he (Cillo) thinks that I would make a ruling based on him when there’s a man (convicted killer Stanley Jalowiec) who certainly deserves a new trial ...”

    Burge has denied making the statement stating he never expressed his thinking in Jalowiec’s case. Jalowiec, from Elyria, is a death row inmate asking for a new trial, claiming evidence favorable to him was withheld by prosecutor’s during his trial.

    O’Connor wrote Burge did not rest with just submitting a response to Cillo’s affidavit, but has commented to the media about Cillo’s allegations which then “triggered the filing of Cillo’s supplemental affidavit with more allegations of bias and prejudice against the judge.”

    The result has been a public dispute and could cause someone to believe that Burge has become “Cillo’s adversary,” thereby making a possibly “intolerable atmosphere” in the courtroom, wrote O’Connor.

    The media statements aren’t the sole factor of disqualifying Burge. O’Connor wrote that Burge also did not respond to some of the allegations in Cillo’s supplemental affidavit, which include a claim that Burge “discarded the traditional route of reassignment in Jalowiec’s case in order to preside over the case himself.”

    http://morningjournal.com/articles/2...mode=fullstory

  2. #12
    Administrator Heidi's Avatar
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    Status quo maintained in death row case

    Both prosecutors and defense attorneys will remain involved with death row inmate Stanley Jalowiec’s efforts to win a new trial after Visiting Judge Virgil Lee Sinclair rejected requests from the two sides to remove each other from the case.

    Defense attorneys had wanted Lorain County Prosecutor Dennis Will and his staff, including Assistant County Prosecutor Tony Cillo, kicked off the case because they contended that prosecutors were withholding information they believe will help Jalowiec.

    But Cillo argued in court Tuesday that he was turning over information as he gets it in the case.

    For instance, he said Jalowiec’s attorneys have complained that he only gave them a partial tape of Michelle Arroyo, a witness in the case. But Cillo said that while police were interviewing Arroyo they turned off one of the two tape recorders they were using and left a second one running. The full tape was given to Jalowiec’s lawyers, he said.

    “They act as if I’m trying to hide something when I’ve given it to them,” Cillo said.

    Cillo also rejected allegations that Michael Smith, a key witness against Jalowiec in the 1994 killing of police informant Ronald Lally, was bribed with a hotel room and help relocating to Arizona. He said it would be akin to saying that defense lawyers bribed a witness when they bought him Chinese food while interviewing him.

    Smith, Cillo said, was put up in a hotel room with protection because there had been threats against his life.

    Cillo had wanted legal intern Elliot Slosar, who works for the Chicago-based Exoneration Project, removed from the case because of what he described as inaccurate affidavits signed by some witnesses in the case.

    Slosar and Lorain private investigator Gerald “Butch” Mielcarek both were involved in gathering the affidavits.

    Tara Thompson, one of Jalowiec’s attorneys, has defended her team’s investigation.

    Sinclair also has scheduled a hearing for Nov. 4 in which he intends to hear key evidence that he will use to determine if Jalowiec is entitled to a new trial.

    Jalowiec has argued that he wasn’t present when Lally was killed on the eve of a drug trial in which he was scheduled to testify against Michael Smith’s brother, Daniel Smith, and their father, Raymond Smith.

    According to police and prosecutors, Michael Smith, Raymond Smith and Jalowiec were all in the car when Lally was taken to a Cleveland cemetery where he was beaten, shot and run over.

    Michael Smith was a cooperating witness, while Raymond Smith and Daniel Smith were both tried for murder. Daniel Smith, who was accused of orchestrating the killing, was acquitted while Raymond Smith and Jalowiec were convicted and given the death penalty. Raymond Smith’s death sentence was later commuted to life in prison after a judge determined he was mentally retarded and couldn’t be executed.

    Lawyers for Jalowiec have argued that police and prosecutorial misconduct led to their client’s wrongful conviction.

    Thompson said that the witnesses she wants to testify will prove Jalowiec was at his mother’s house when Lally was killed.

    “This is evidence that goes to the question at the heart of this case and that is whether Stan Jalowiec was in the car,” she said.

    http://chronicle.northcoastnow.com/2....AZykbZTY.dpuf
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  3. #13
    Administrator Heidi's Avatar
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    Law students take second look at 1994 murder case

    Seventeen years after his sentencing, death row inmate Stanley Jalowiec may clear his name, thanks to the efforts of the Law School’s Exoneration Project.

    On April 11, 1996, Jalowiec, 41, was found guilty of the aggravated murder of Ronald Lally, an informant for the Elyria, Ohio police department. Jalowiec was sentenced to death. But new evidence uncovered by an investigation led by the Exoneration Project is challenging this original ruling.

    In early 1994, Lally was last seen alive in a car with three other people. His body was found in a Cleveland cemetery January 29, the night before he was scheduled to testify against two Elyria drug kingpins, Raymond Smith and Smith’s son Danny. In the original trial, Smith and his other son Michael confessed that they were both in the car and aided in the murder of Lally. The third person convicted of occupying the car and participating in the murder was Jalowiec, another Elyria police informant.

    Last Wednesday, in Jalowiec’s first evidentiary hearing since his conviction, Exoneration Project staff attorney Tara Thompson (J.D. ’03) presented exculpatory evidence to the county court in Elyria. The evidence, Thompson claims, not only proves Jalowiec’s innocence, but also points to a complicated frame-up on the part of a detective from the county police department.

    “The goal is to be able to prove the constitutional claim that we are trying to show, which entitles our client to a new trial,” she said. Thompson hopes to show that because the prosecution purposefully withheld evidence during the original trial, the state must grant Jalowiec a new trial.

    The Exoneration Project, now in its fifth year, comprises a team of UChicago Law students and outside attorneys who work to overturn wrongful convictions. To date, the not-for-profit organization has exonerated six individuals.

    Jalowiec contacted the Exoneration Project litigation team directly, and his case was accepted by Law School students in 2011. The project selects around four new cases annually and only accepts candidates it strongly believes to be innocent and then will investigate on their behalf.

    “Post-conviction work can be kind of a murky process, and it helps to have attorneys that do nothing but work with those conviction clients,” said Charlotte Castillo, a third-year law student. Castillo has worked with the Exoneration Project for over two years. “It’s a good experience for everyone involved; you get to see a very different side of law,” she said.

    The motion for a new trial last week focused on witnesses’ testimonies that claimed that county detective Alan Leiby had been previously informed that the third occupant of the car was not Jalowiec, but Danny Smith.

    The defense alleges that it possesses new evidence that suggests that the Elyria police recorded Danny Smith’s confession to the murder in secret, according to the Exoneration Project’s website.

    But Leiby testified that he was confident that Raymond Smith, Michael Smith, and Jalowiec were responsible for Lally’s murder. Leiby also denied intentionally destroying witness interview tapes during the hearing, according to The Morning Journal.

    Judge Virgil Sinclair put the case under advisement and requested oral argument briefs from both sides by December 30, after which the struggle for a new trial will resume.

    Despite the delay, Thompson welcomed the opportunity to keep the case open.

    “The one thing about these cases is that they take a long time to resolve. With the Jalowiec case, we are obviously far from being finished,” she said.

    “We believe that there is evidence that will show his innocence that we weren’t able to show on Tuesday, and that there is evidence that we would like to present in the future before this court or another court. Let’s hear the truth; let’s hear what really happened in Stan’s case.”

    http://chicagomaroon.com/2013/11/12/...4-murder-case/
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  4. #14
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    Judge rejects Stanley Jalowiec’s bid for new trial

    By Brad Dicken
    The Chronicle

    ELYRIA — Death row inmate Stanley Jalowiec has lost his bid to convince a judge that he deserves a new trial in the 1994 murder of police informant Ronald Lally.

    Visiting Judge Virgil Lee Sinclair ruled Wednesday that Jalowiec’s legal team failed to prove it had evidence that would exonerate Jalowiec, who claims to have been at his mother’s house when Lally was shot, stabbed, beaten and run over by a car in the Cleveland cemetery where his body was found in January 1994.

    “It was claimed that ‘new’ evidence existed that never had been previously presented,” Sinclair wrote. “These claims fall short as to be nothing more than subjective theories. Proof was lacking to substantiate any of the claims. The evidence presented is insufficient to grant relief.”

    Tara Thompson, an attorney with the Chicago-based Exoneration Project, which represents Jalowiec, said she was disappointed by the ruling. She promised to appeal Sinclair’s decision and continue to pursue other avenues to win a new trial for Jalowiec.

    “I believe in his claims, and I believe in his innocence,” Thompson said.

    Lorain County Prosecutor Dennis Will said Sinclair made the right call, but he expects an appeal. He said Jalowiec’s lawyers didn’t make their case, while his office was able to show the investigation into Lally’s death was conducted properly.

    “We were confident in what we presented,” Will said.

    Attorneys for Jalowiec leveled numerous accusations of police and prosecutorial misconduct, including allegations that prosecutors withheld evidence that could have led a jury to acquit Jalowiec, allegations police and prosecutors have long denied.

    In addition to Jalowiec, the investigation showed that Raymond Smith and his son Michael Smith were in the car with Lally when he was taken to Cleveland shortly before he was due to testify in a drug trial in Lorain County.

    Although Michael Smith was never charged in the case and cooperated with investigators, his father was convicted and sentenced to death. Lorain County Common Pleas Judge Christopher Rothgery later commuted Raymond Smith’s death sentence to life in prison after finding the man was mentally handicapped.

    Daniel Smith, another of Raymond Smith’s sons, was also charged with murder for allegedly setting up the killing of Lally but was acquitted. He is serving prison time for an unrelated drug conviction.

    Jalowiec’s lawyers have suggested that Daniel Smith had gone to Cleveland and participated in Lally’s killing. They argued that Melissa Arroyo, a police informant, had gone on a date with Daniel Smith after the murder and during their dinner she confessed that “they” killed someone.

    But Sinclair wrote that Smith didn’t provide any other details and there was no proof, as Jalowiec’s attorneys contended, that Arroyo was wearing a wire at the time.

    “She provided no evidence that a tape of this discussion ever existed,” Sinclair wrote. “She was at best vague and may have been wired on a different occasion for a drug buy. Her testimony was of no value in supporting the claims of the Defendant.”

    Sinclair also wrote that Arroyo’s testimony, as well as the recollections of several other witnesses, had already been considered in federal court proceedings in which Jalowiec unsuccessfully sought a new trial.

    Other witnesses, the judge wrote, had no value in supporting any of Jalowiec’s claims.

    http://chronicle.northcoastnow.com/2...bid-new-trial/

  5. #15
    Senior Member CnCP Legend Mike's Avatar
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    Appeals court upholds rejection of death row inmate’s request for new trial

    ELYRIA — An appeals court has rejected convicted killer Stanley Jalowiec’s latest attempt to win a new trial to overturn his death sentence.

    The 9th District Court of Appeals ruled Monday that Visiting Judge Virgil Lee Sinclair was right when he rejected the request from attorneys representing Jalowiec because they failed to prove newly discovered evidence would clear their client’s name.

    Jalowiec was sentenced to die after being convicted in the 1994 slaying of police informant Ronald Lally, who was shot, stabbed, beaten and run over by a car in a Cleveland cemetery.

    Jalowiec has claimed to have been at his mother’s house at the time of the killing, but both Sinclair and the appeals court found that wasn’t what the evidence showed.

    “The new evidence to which Mr. Jalowiec points consists of speculation and alleged contradictions that do not create a strong possibility of a different outcome at trial,” the decision said. “…Counsels’ zeal for their client is admirable. But the evidence in the record does not ‘destroy’ the testimony of the State’s key witnesses or ‘make clear that on retrial, no reasonable juror would conclude that Jalowiec had any role in Lally’s death.’”

    Instead, the appeals court wrote, the evidence in the case was consistent with what prosecutors argued, that “Danny Smith conspired with Raymond Smith to murder Mr. Lally, but left the murder itself to Raymond and Mr. Jalowiec.’”

    Raymond Smith also was given the death penalty in the case, but his sentence later was commuted to life in prison after county Common Pleas Judge Christopher Rothgery concluded Smith was mentally retarded and could not be executed. Daniel Smith was acquitted by a jury of involvement in the killing.

    Lawyers for Jalowiec from the Chicago-based Exoneration Project had argued that the case against their client was tainted by prosecutorial and police misconduct and suggested that Daniel Smith, not Jalowiec, had gone to Cleveland to kill Lally.

    Michael Smith, Daniel Smith’s brother, was also in the car but wasn’t charged in the case.

    The appeals court wrote that much of the evidence that Jalowiec’s attorneys had presented as new already had been reviewed in previous appeals and couldn’t be considered now.

    It also rejected the allegations that police and prosecutors had badly mishandled the case as Jalowiec’s legal team had claimed.

    http://chronicle.northcoastnow.com/2...for-new-trial/
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  6. #16
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    Death row inmate Jalowiec seeks new sentencing after court ruling

    Lawyers for convicted killer Stanley Jalowiec have asked a county judge to order a new sentencing hearing for the death row inmate.

    The request, filed last week in Lorain County Common Pleas Court, argues that a recent U.S. Supreme Court ruling should render the process Ohio judges use to determine whether a death sentence should be imposed unconstitutional.

    Richard Cline, chief counsel for the Ohio Public Defender’s Office Death Penalty Department, wrote in his court filing that the Supreme Court has ruled that Florida’s death penalty law was unconstitutional because it requires “the judge, not the jury, to make the factual determinations necessary to support a sentence of death.”

    Ohio follows much the same pattern with a jury recommending to a judge whether to impose a death sentence, he argued. If even one juror doesn’t recommend death, the defendant in the case receives a life prison sentence.

    If the jury unanimously recommends a death sentence, the final decision lies with the judge hearing the case, who can follow the jury’s recommendation or decide not to impose a death sentence.

    Cline said Tuesday that the law doesn’t require the judge to make actual findings to support his decision, something he argued the new Supreme Court ruling requires.

    Since such findings weren’t done when Jalowiec was sentenced to death in 1996, he is entitled to a new sentencing hearing, Cline argued.

    County Prosecutor Dennis Will said the difference between the Florida case and what happens in Ohio is that in Florida a judge imposed a death sentence despite a jury recommending against it. That can’t happen under Ohio law he said, adding that Ohio courts have already rejected the arguments being raised by Jalowiec’s legal team.

    “I don’t think there’s any merit to his argument,” Will said.

    Jalowiec has long denied that he was involved in the killing of police informant Ronald Lally in 1994. The body of Lally, who had shot, stabbed, beaten and run over by a car, was found in a Cleveland cemetery.

    Jalowiec’s lawyers unsuccessfully tried to have his conviction overturned by arguing there was police and prosecutorial misconduct in the case, but judges have rejected those allegations.

    Jalowiec has claimed he was at his mother’s home at the time of the killing, which also led the conviction of Raymond Smith, whose death sentence was reduced to a life prison term after he was found to be mentally handicapped.

    Daniel Smith, Raymond Smith’s son, also was charged in the killing but was acquitted in the case.

    http://www.chroniclet.com/cops-and-c...rt-ruling.html
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  7. #17
    Administrator Aaron's Avatar
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    Death row inmate's request for new sentencing hearing denied

    ELYRIA — Convicted killer Stanley Jalowiec has lost his latest effort to have his death sentence overturned.

    Lorain County Common Pleas Judge Chris Cook rejected a request from Jalowiec’s attorneys to grant him a new sentencing hearing in a decision filed Wednesday.

    Jalowiec’s lawyers had argued that a recent U.S. Supreme Court decision that found Florida’s death penalty process unconstitutional should also invalidate Ohio’s death penalty law.

    Richard Cline, chief counsel for the Ohio Public Defender’s Office Death Penalty Department, had argued in court documents filed earlier this year and during a hearing last month that the two laws had similar problems because both placed the final decision in deciding a death sentence in the hands of a judge, not a jury.

    But prosecutors countered — and Cook agreed — that the two death penalty laws were substantially different.

    In Ohio, Cook wrote, jurors make a recommendation to the judge overseeing the case on whether a death sentence should be imposed.

    If a jury recommends death, then a judge can sentence a defendant to death or reduce the sentence to a life prison term. If jurors recommend a life prison term, a judge cannot impose a death sentence.

    That is different from Florida, where judges were allowed to sentence a defendant to death even if jurors recommended a life prison sentence, Cook wrote.

    Cook also noted that Ohio’s death penalty laws have survived legal challenges over the years, and the process is largely unchanged from when Jalowiec was sentenced to death in 1996 for his role in the killing of police informant Ronald Lally.

    That means, Cook wrote, that even if he were to grant Jalowiec’s request for a new sentencing hearing, the process that would be followed would be mostly the same as it was 21 years ago.

    “Ohio’s death penalty sentencing statute remains constitutionally sound and practically unchanged,” the judge wrote.

    Cline largely declined to discuss Cook’s decision Wednesday.

    “We’ll review the judge’s order and act accordingly,” he said.

    Cook’s decision is the second blow to Jalowiec’s legal efforts this year. Last month, the Ohio Supreme Court refused to hear an appeal of decisions by lower courts not to grant him a new trial.

    Jalowiec, 46, claims to have been at his mother’s house when Lally was shot, stabbed beaten and run over by a car in a Cleveland cemetery in 1994. Both a county judge and the 9th District Court of Appeals rejected his arguments that new evidence would prove it.

    Jalowiec also has been unsuccessful in his efforts to claim that his case was tainted by police and prosecutorial misconduct.

    In addition to Jalowiec, Raymond Smith was also sentenced to death for the Lally killing, but his sentence was later reduced to a life prison term after he was found be mentally handicapped.

    Jurors acquitted Daniel Smith, Raymond Smith’s son, of involvement in Lally’s death.

    http://www.chroniclet.com/Local-News...ng-denied.html
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  8. #18
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    No new mitigation trial for death row inmate Stanley Jalowiec

    A man convicted of capital murder for his role in a 1996 homicide will not receive a new trial after his latest appeal was denied by Ohio’s 9th District Court of Appeals.

    Stanley Jalowiec was sentenced to death in 1996 after being convicted of aggravated murder for participating in the 1994 slaying of 30-year-old Elyria police informant Ronald Lally.

    Lally’s body was found in Cleveland’s Woodland Cemetery on Jan. 19, 1994, on the same day he was scheduled to testify against Jalowiec and his co-defendants in a drug trafficking trial in Lorain County Common Pleas Court.

    Lally had been shot in the mouth, cut along the throat and run over by a car.

    In his recent motion for a new mitigation trial rejected Aug. 24 by the court, Jalowiec argued that Ohio’s death penalty sentencing scheme was unconstitutional in pointing to Hurst v. Florida, contending his death sentence violates the Sixth and 14th amendments to the U.S. Constitution.

    In rejecting Jalowiec’s arguments, Ninth District Judge Julie A. Schafer ruled Hurst does not apply to Ohio’s capital sentencing scheme as it differs from that of Florida. The U.S. Supreme Court has ruled that Florida’s sentencing scheme was unconstitutional because it limited the jury’s role in sentencing to an advisory recommendation and did not require the jury to make the critical findings necessary to impose the death penalty, court documents said.

    Under Ohio’s guidelines, a judge cannot impose a death sentence without a unanimous recommendation from a jury.

    Jalowiec also argued it was unconstitutional to tell a jury that its sentencing verdict is only a recommendation of which the court also rejected.

    “Hurst simply made clear that the Sixth Amendment requires that a jury must make the specific and critical finding that the defendant is eligible for the death penalty before the jury can recommend the defendant be sentenced to death,” Schafer wrote. “After the jury makes its sentencing recommendation, Ohio judges are then required to find, independent of the jury’s recommendation, whether a death sentence should be imposed.”

    The court concludes that this step in the process operates as a safeguard because judges cannot find additional aggravating circumstances or increase a sentence beyond a jury’s recommendation.

    “Nothing in our reading of Hurst supports Jalowiec’s argument that it declared it unconstitutional to inform the jury that their sentencing decision was a recommendation. Thus, we conclude Hurst had no bearing on Jalowiec’s ‘as-applied’ argument in his motion for a new trial,” Schafer continued.

    https://www.morningjournal.com/news/...51e09554b.html
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  9. #19
    Moderator Bobsicles's Avatar
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    Distributed for conference September 27, 2021.

    https://www.supremecourt.gov/search....c/21-5094.html
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  10. #20
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    Petition for certiorari denied.

    Lower Ct: Court of Appeals of Ohio, Lorain County
    Case Numbers: (19CA011548)
    Decision Date: August 24, 2020
    Discretionary Court Decision Date:

    https://www.supremecourt.gov/search....c/21-5094.html
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