News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Area Agency on Aging 10B, Inc.

Wayside Furniture


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Courts and Crime


Should an Ohio man be tried for the sixth time for murder?
Ohio Supreme Court takes up questions that range from questions of timing to questions of U.S. constitutional protections
by WKSU's M.L. SCHULTZE


Web Editor
M.L. Schultze
 
The case of an Austintown man argued before the Ohio Supreme Court ranged from issues of constitutional protections to those of timing.
Download (WKSU Only)
In The Region:
The state of Ohio’s attorneys ran into a tough audience today in arguments before the Ohio Supreme Court that an Austintown man should be tried for the sixth time for murder. WKSU’s M.L. Schultze has more on what defense attorneys, prosecutors and judges call ‘an unusual case.’
LISTEN: Double jeopardy or the state doing a thorough job?

Other options:
Windows Media / MP3 Download (2:36)


Christopher Anderson was locked up on Aug. 22, 2002, charged with strangling Amber Zurcher to death. Since then, he’s been put on trial five times. Twice, the case ended in mistrials, twice in hung juries and once, his conviction was overturned on appeal.

When the state set a sixth trial date in 2011, Anderson asked the judge to throw the case out, saying the state is unconstitutionally trying him again and again on the same charges.

The judge refused, and Anderson appealed.

The arguments before the Ohio Supreme Court now hinge on two points: Whether a sixth trial is fair and constitutional, and whether the appeals judges should even be considering the case in the first place.

Ralph Rivera – representing the state – focused on the second argument. He told the justices that – based on state law – Anderson has no right to appeal until after he goes all the way through a sixth trial.

Let the system play out
Rivera ran into a skeptic in, among others, Justice William O’Neill.

“It just seems to me you’re asking this court to authorize the state of Ohio to say, ‘Trust us, we won’t do this unnecessarily and it can be cleaned up in the appellate process,'" said the judge. "But the reality is, you can’t give this person that time back, can you?"

Rivera acknowledged, “No, in that sense you can’t give him the time back," but then he said those concerns are based on believing Anderson's "arguments are meritorious at the end.”

Rivera maintained that only after a trial can Anderson argue there should not have been a trial, and that he might not win that argument.

Rivera maintained that only after a trial can Anderson argue there should NOT have been a trial.

How many trials are enough?
Anderson’s attorney John Juhasz says that strains constitutional protections of due process and against double jeopardy. He ran into his own skeptic in Supreme Court Chief Justice Maureen O’connor.

"Five times already, Christopher Anderson has suffered the anxiety, the expense, the personal strain of risking a conviction for an offence for which he says he’s innocent," said Juhasz.

Then his own skeptic, Chief Justice Maureen O'Connor interrupted. “But these trials were legitimately declared not to be trials because of the nature of the outcome. A hung jury, a reversal by the court of appeals with a remand for a retrial. These were all trials that were legitimately disposed of and in none of the trials was there an acquittal.”

Several times, the justices returned to the question of how many trials is enough.

Juhasz attempted to answer, by saying it’s more than one, but less than what his client is facing. He noted that Anderson has been in jail or prison for more than 11 years – with no conviction standing against him.

Anderson’s attorney John Juhasz says that strains constitutional protections of due process and against double jeopardy. 

Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Pluto: The Browns split from Manziel is long overdue
Get Brock Osweiler from the Denver Broncos! He's fantastic and seems like a great person.

Democratic Senate hopeful P.G. Sittenfeld pushes for local gun control
That makes no sense at all... why not let cities determine driving codes as well? Maybe Cincy want's folks to drive on the left side of the road. What could go ...

Exploradio: Autism in the workplace
I would love to get more information re: Autism on The Town and other such programs in Northeast Ohio. Thanks!!

Human trafficking cases rise in Ohio
It is about time this is presented to proceed with a plan of prevention..to protect our youth.And very necessary to inform communities through school, churches ...

Fermented food company aims to preserve Cleveland's farm-to-table movement
This is terrific! I make my own sauerkraut and consider it vital to good health. Well done, I wish you all success.

Ohio doctors get new guidelines for prescribing certain painkillers
I would gladly smoke pot to get off pain killers but its not legal.It would save the hassle of doctor visits for pill counts,pee tests,blood tests,driving to pi...

Ohio unemployment cuts are nearing a Statehouse vote
What about those that are laid off seasonally? My husband has been employed by the same company for 26 years and has been laid off (for the last 17) mid-Januar...

Ban on microbeads is a big step in fighting plastic pollution
What a bunch of liberal "so open minded their brains fell out" tree huggin yuppies. Professing to be wise they became fools.

Who's on -- and left off -- Ohio's medical marijuana task force?
Biggest joke everm these people are evil they know marijuana is harmless they rigged the polls last nov everypne kmows it

Dayton 'Black Lives Matter' protesters to appear in court today
Police to fast with the trigger finger and not the brain.A lot of police officers out here judge by color first instead of accessing the situation first. If a p...

Copyright © 2016 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University