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Thread: Anthony Kirkland - Ohio Death Row

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    Anthony Kirkland - Ohio Death Row


    (clockwise from top left) Esme Kenney. She was killed March 7, 2009, as she jogged around the Winton Road reservoir.
    Kimya Rolison. Her remains were found June 13, 2008. Authorities believe she was killed Dec. 22, 2006. They say she and Kirkland were inside a van and arguing when Kirkland stabbed her in the neck with a knife.
    Mary Jo Newton. Her body was found June 15, 2006. Kirkland is accused of choking her to death in a car.
    Casonya Crawford. Her body was found May 9, 2006.






    Summary of Offense:

    On March 31, 2010, Kirkland was given two death sentences, one each for Esme Kenney, 13, and Casonya “Sharee” Crawford, 14, and two additional sentences of 70 years to life for the murders of Mary Jo Newton, 45, and Kimya Rolison, 25. After his arrest on March 7, 2009, Kirkland admitted he choked each woman to death and burned their bodies. His murderous reign of terror lasted from 2006 until he was caught for Esme’s murder.

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    March 31, 2010

    Kirkland sentenced to death

    Esme Kenney had to die to give Arlene Lee closure.

    Lee, grandmother of 14-year-old Casonya “Sharee” Crawford, suffered as police searched for her killer. They only found Anthony Kirkland – and connected him to Crawford’s murder – after he’d confessed to murdering Esme, 13.

    “I hate the fact that Esme had to die in order for my granddaughter’s murder to be resolved,” Lee said after Kirkland was sentenced Wednesday to two death sentences – one for each of the teens – and two additional sentences of 70 years to life for the murders of Mary Jo Newton, 45, and Kimya Rolison, 25.

    Kirkland becomes Ohio's 162nd Death Row inmate and the 33rd inmate awaiting execution from Hamilton County.

    After his arrest on March 7, 2009, Kirkland admitted he choked each woman to death and burned their bodies. His murderous reign of terror lasted from 2006 until he was caught for Esme’s murder.

    Hamilton County Common Pleas Court Judge Charles Kubicki, Jr., followed the jury’s recommendation in sentencing Kirkland to death for each of the murders of Casonya and Esme.

    “If they ever carry it out, he’ll get what he deserves,” Hamilton County Prosecutor Joe Deters said of the dual death sentences.

    Kirkland also was convicted in 1987 of killing a woman who rebuffed his advances. He also burned her and served 16 years in prison before he was released.

    “When there’s an indication that he’s going to murder and burn young girls, he never should have been let out,'' Deters said.

    Norm Aubin, one of Kirkland’s attorneys, knew what the sentences would be.

    “We did everything we could for Mr. Kirkland,” Aubin said.

    As Kirkland was leaving the room, Aubin apologized to him for not being able to do more. Kirkland admitted he didn’t give his attorneys much to work with. In addition to the mountain of evidence prosecutors had, Kirkland gave an hours-long confession, detailing how he killed each woman and burned their bodies.

    Lee was the most vocal of the three family members who spoke at the sentencing hearing.

    "Mr. Kirkland. I call you Mister, but you don't deserve that," she said to the man who attacked her granddaughter, knocked her front teeth out, robbed her and attempted to rape her before choking her to death, dumping her body and setting it ablaze.

    "What you did to my granddaughter you did to me,” she added. "It's real easy when they put that needle in your arm ... but we have to go on."

    Casonya’s aunt, Phyllis Moore, was more direct.

    "They call you a monster. I have no words for you," she told him.

    One juror returned to the courtroom to listen to the sentence being handed down, horrified at Kirkland’s evil.

    “This does happen in life and we have to go on with ours,” the juror said. “I don’t know how to say I’m sorry to the families.”

    She went to the sentencing, she said, for closure.

    “I’ll never forget it. I didn’t know those young people (murdered by Kirkland) but I feel it here,” she said touching her heart.

    She also has closure of another kind.

    “There’s one person I don’t have to fear,” she said.

    Kubicki set an execution date of Sept. 30, but that won’t happen. All death sentences are automatically appealed even if the inmate doesn’t want that.

    http://news.cincinnati.com/apps/pbcs...107/303310020/

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    New lawyers: Mistakes were made in Kirkland trial

    Serial killer Anthony Kirkland, who confessed to and was convicted of murdering four females, should escape the death penalty - or get a new trial - because of mistakes made during his trial, his new lawyers say.

    The mistakes, supposedly made by Kirkland's trial attorneys, are the basis of an appeal filed by Lawyers from the Ohio Public Defender office.

    Hamilton County Prosecutor Joe Deters' response to arguments made in the appeal ranged from laughter to astonishment.

    "In every death penalty case, they do anything the can to stop it," Deters said of capital punishment.

    "At some point, the truth comes through."

    The appeal was made because the finality of any death penalty case demands a thorough review. The request was made to protect Kirkland's rights and was "not a blanket attack on the death penalty," said Jennifer Prillo, one of his new attorneys.

    Kirkland's new attorneys made several arguments hoping to overturn his death sentence.

    They blasted Kirkland's trial attorneys - Norm Aubin and Will Welsh - for ineffective legal work and criticized the witness called to try to save his life.

    Kirkland, 42, was convicted in March 2010 for murdering four females - Kimya Rolison, 25; Mary Jo Newton, 45; Casonya "Sharee" Crawford, 14, and Esme Kenney, 13 - and burning their bodies.

    Kirkland pleaded guilty to murdering Rolison and Newton and was sentenced to 70 years to life. He was convicted of capital murder for killing Casonya and Esme and received a death sentence for each.

    Those four murders came after Kirkland served a 17-year prison sentence for killing another woman in 1986 and trying to burn her.

    "He also hinted at another one we were unable to find," Deters said.

    Deters said Aubin and Welsh, both veteran defense attorneys, did what they could under the circumstances.

    "This guy's a serial killer and he admitted to it and he showed no remorse," Deters said.

    "They did their best with a miserable human being."

    Aubin knew it would be difficult to try to save Kirkland's life he gave police an eight-hour confession to all four murders.

    "At the end of the day, the jury simply thought he was worthy of the death penalty," Aubin said.

    Kirkland's new attorneys sharply criticized an expert called by Aubin and Welsh - Dr. Scott Bresler - in an attempt to spare Kirkland from death. Bresler testified Kirkland would kill again if he was released and called him a psychopath.

    "The word 'psychopath' conjures up images of notorious serial murderers," the new attorneys wrote.

    That made Deters literally laugh.

    "He is one of the most notorious serial killers to come through Hamilton County, no doubt," Deters said.

    Prosecutors have until June to respond to Kirkland's filing. No execution date has been set, said Jo Ellen Smith of the Ohio Department of Rehabilitation and Corrections.

    http://news.cincinnati.com/article/2...text|FRONTPAGE

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    2010-0854. State v. Kirkland

    In today's Ohio Supreme Court orders, Kirkland's motion to supplement the record was GRANTED. Hamilton County clerk's office has been instructed to supplement the record with jury questionnaires.

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    The Supreme Court of Ohio will hear oral arguments in Kirkland's case on Wednesday. Oral arguments begin at 9 a.m.

    Live Streaming Video Coverage

    Wednesday, September 11, 2013

    State of Ohio v. Anthony Kirkland, Case no. 2010-0854
    Hamilton County Court of Common Pleas

    Death Penalty

    State of Ohio v. Anthony Kirkland, Case no. 2010-0854
    Hamilton County Court of Common Pleas

    Anthony Kirkland of Cincinnati has appealed his convictions and death sentence for the 2006 murders of Casonya Crawford, Mary Jo Newton, and Kimya Rolison and the 2009 murder of Esme Kenney.

    Just before opening statements in the jury trial, Kirkland pleaded guilty to the charges related to the murders of Newton and Rolison. These homicides weren’t prosecuted as capital offenses. Kirkland was also convicted following the trial in the murders of teenagers Crawford and Kenney. These sentences included death penalty specifications.

    At trial, the court allowed testimony about an earlier case involving Kirkland. Kylah Williams testified that Kirkland had solicited sex from her in 2007 when she was 13 years old. The defense objected to this testimony, but the court said it was admissible as long as no reference to Kirkland’s conviction in the case was made.

    In his appeal to the Supreme Court, Kirkland’s attorneys have advanced 10 claims of legal and procedural error during his trial as grounds for the court to reverse his convictions and/or reduce his death sentence to a term of life imprisonment.

    Among the errors claimed, Kirkland’s attorneys make three central arguments.

    They argue that the trial court shouldn’t have allowed Williams’ testimony about “other bad acts.” Even though the court prohibited mention of Kirkland’s conviction in that case, Kirkland’s attorneys argue that stipulation “created a distinction without a difference.” They assert that the incident had nothing to do with the crimes in the present case because Kirkland didn’t try to rape, rob, or kill Williams. The rules of evidence only allow testimony of other crimes or acts to be admitted to prove factors such as motive, intent, opportunity, and plan. They argue that none of these exceptions exist in this case sufficiently enough for the probative value to outweigh the prejudicial effect.

    Kirkland’s trial attorney made several errors during the mitigation phase resulting in ineffective assistance of counsel, his appellate counsel assert. First, his trial attorney told jurors that an uncle would testify that Kirkland shouldn’t receive the death sentence, but then the uncle never testified and no explanation was given. Kirkland’s attorneys in this appeal also argue that his trial counsel failed to adequately prepare a psychiatric expert who ended up contradicting Kirkland’s defense about childhood abuse and failed to have Kirkland tested for lack of serotonin, a brain chemical that regulates mood and behavior.

    Kirkland’s attorneys assert that the prosecutor made inflammatory and prejudicial comments. For example, Kirkland’s attorneys say the prosecutor told the jury they could consider the nature and circumstances of the murders as aggravating factors, which his attorneys argue violates the Ohio Supreme Court’s decision in State v. Wogenstahl (1996); misstated the appropriate burden of proof in the case; offered personal opinions about what the evidence suggested; and denigrated the defense counsel. They assert that the comments undermined the fundamental fairness of the trial.

    Arguing for the state, attorneys from the Hamilton County Prosecutor’s Office make several responses.

    They assert that testimony from Williams was relevant because Kirkland’s interaction with her paralleled his approach with Crawford. They state that Kirkland offered money to Williams to have sex with him, just as he did with Crawford. Williams’ testimony, they argue, showed that Kirkland’s motive and intent were to also have sex with Crawford in exchange for money and that her statements demonstrated his plan in a similar situation. Citing the Ohio Supreme Court’s opinion in State v. Crotts (2004), they assert there was no prejudice because the evidence offered didn’t create improper grounds for conviction. To exclude Williams’ testimony, they argue that the Supreme Court needs to show the trial court abused its discretion, which doesn’t apply because the evidence proved an issue in the case.

    The state’s attorneys argue that Kirkland’s trial counsel’s performance wasn’t deficient and didn’t deprive Kirkland of a fair trial. They say they can’t find any representation in the mitigation phase that the defense said Kirkland’s uncle would testify on his behalf. The psychiatric expert diagnosed Kirkland with psychopathy, which the state’s attorneys say was a strong mitigating defense even if it opened the expert to some cross-examination. They add that the expert also testified that Kirkland had been treated with medications to control serotonin levels so there was no need for testing.

    Attorneys for the state also argue that the prosecutor’s comments were not error, in many instances weren’t objected to by the defense, and weren’t serious enough to have prejudiced the defendant. They assert that the jury was properly instructed on the weighing process and what the aggravating factors were in the case. They add that some of the statements contested by Kirkland’s attorneys were quoted from his confession and also that prosecutors are allowed to make reasonable inferences from the facts.

    Contacts
    Representing Anthony Kirkland: Herbert Freeman, 513.505.5062

    Representing Hamilton County Prosecutor’s Office: William Breyer, 513.946.3244

    http://www.supremecourt.ohio.gov/PIO...1.asp#OA100854
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    State v. Kirkland

    A Cincinnati serial killer's death sentence has been upheld by Ohio's top court

    The Ohio Supreme Court upheld the convictions and death sentence of Anthony Kirkland, who killed two women and two teenage girls in Hamilton County between 2006 and 2009.

    The bodies of Esme Kenney, Casonya Crawford, Mary Jo Newton and Kimya Rolison were burned after their deaths.

    Kirkland pleaded guilty to two murders prior to his trial and was found guilty of the other two.

    The court said that prosecutors made "improper" statements during closing arguments in the trial’s penalty phase, but said the death sentence was still valid.

    "This court must conduct its own independent evaluation of the capital sentence, and that evaluation can cure errors in penalty-phase proceedings," the ruling states.

    Three justices disagreed, saying the prosecution's statements should trigger a new sentencing hearing.

    The court rejected Kirkland’s eight other arguments.

    http://www.wlwt.com/news/ohio-court-...#ixzz31bdNHP4K
    An uninformed opponent is a dangerous opponent.

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

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    Motion Ruling

    2010-0854. State v. Kirkland

    This cause came for further consideration upon appellant's motion for a stay of execution of death sentence pending disposition of available state remedies.

    Upon consideration of appellant's motion for a stay of execution of death sentence pending disposition of available state remedies it is ordered by the court that the motion is granted. It is further ordered that this stay will remain in effect until exhaustion of all state postconviction proceedings, including any appeals.
    An uninformed opponent is a dangerous opponent.

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

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    In today's orders, the United States Supreme Court declined to review Kirkland's petition for certiorari.

    Lower Ct: Supreme Court of Ohio
    Case Nos.: (2010-0854)
    Decision Date: May 13, 2014
    Rehearing Denied: September 24, 2014

    http://www.supremecourt.gov/search.a...es/14-7726.htm

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    Ohio Supreme Court upholds death sentence of Cincinnati killer Anthony Kirkland

    The Ohio Supreme Court voted 4-3 to uphold Anthony Kirkland's death sentence for murdering an SCPA seventh-grader and another Cincinnati teen - the last of his 5 victims.

    The court ruled that a prosecutor's comments implying that without a death sentence, the killings of 13-year-old Esme Kenney in 2009 and 14-year-old Casonya Crawford in 2006 would go unpunished, were improper but not enough to resentence him.

    Kirkland was found guilty in 2010 of aggravated murder, attempted rape and other charges in the Kenney and Crawford deaths. Before his trial, Kirkland also pleaded guilty to the slayings of 2 other Cincinnati women, 45-year-old Mary Jo Newton and 25-year-old Kimya Rolison, and received life sentences. He previously served a 16-year sentence for killing his girlfriend.

    Kirkland kidnapped Kenney, a cello player at the School for Creative and Performing Arts,, as she jogged alone around the Winton Hills reservoir close to her home on Saturday afternoon, March 7, 2009. Her parents had called police when she didn't come right home, and police were already out looking for her when they came upon Kirkland in the woods. He had Kenney's iPod and her watch. They found her body nearby.

    At the sentencing phase, the prosecutor questioned whether the killings of the Kenney and Crawford were "just freebies for him," because Kirkland was already going to prison for life, according to Tuesday's ruling.

    The prosecutor said the jury should not even consider life in prison for Kirkland for the girls' deaths. "He's going to jail on those other 2 for the rest of his life," he said.

    The message to the jury was plain, said Justice Judith French, writing for the majority: "If you do not return a recommendation of death, Kirkland will receive no punishment for 2 murders." However, French also said the court's independent review of the sentence could overcome the prosecutor's remarks.

    Prosecutors argued in a 2011 filing with the court that the prosecutor's comment was appropriate because part of the death penalty case against Kirkland was that the girls' killings was part of a "course of conduct" involving 4 victims.

    "The significance is that one of the reasons death was appropriate was the number of victims," William Breyer, Hamilton County chief assistant prosecuting attorney, said in the filing.

    Justice Judith Ann Lanzinger said Kirkland deserved to be resentenced because of the prosecutor's remarks.

    "Although the crimes Kirkland is alleged to have committed are horrific, due process requires that a jury be free from prejudice before recommending the death penalty," she wrote.

    Justice Paul Pfeifer agreed that Kirkland should be resentenced because of the prosecutor's remarks. He also said Kirkland's conviction of attempted rape in the case of Crawford should be overturned for lack of evidence.

    Justice William O'Neill also dissented, saying capital punishment is unconstitutional.

    Kirkland's attorney, Herbert Freeman, said he would appeal the decision in the federal courts.

    http://www.wlwt.com/news/ohio-court-...tence/25950774

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