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.

Hospice of the Western Reserve

Akron General

Lehmans


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

Ohio lawmakers propose grants for home construction for disabled people
We have been trying to have a "Visitability Bill" passed for years. Thanks, Greg

Lake County crimes may give Trump immigration fodder
Shoddy reporting at best. "Mixed views" The question that came to my mind was, "How many people did he have to interview to get "mixed views". Do the two peo...

Ohio's U.S. Sen. Sherrod Brown announces plans to improve Medicare by lowering prescription costs for seniors
Sounds good. I'm living in Florida to escape the snow. So far it's working. I retired from GM in 2000. Keep pushing for all the working people. In the long run ...

The tiny town that time, and elections, forgot may go out of existence
Thank you for this story. I grew up in Limaville, my parents home is there still...unsellable due to the septic/sewer problem. Sometimes I am sorry I left...wis...

Where Ohio'sJohn Kasich stands in the presidential polls
We are fans of Gov. Kasich since he served in the House of Representatives. It pleases us to finally see him as the potential President of the United States. We...

Cleveland hosts the first national Movement for Black Lives conference
What a wonderful experience this was, So much love and understanding, without all of the other distractions that tend to come with organizing for change, this e...

Air Force unit gets training and Youngstown gets rid of some eyesores
Do they have to totally destroy all the beautiful oak and leaded windows, which I am thinking are probably there? Do they just have to destroy them like that? C...

Jewish challah and Native American fry bread at an Akron cultural exchange
Each time I saw the young students relate to each other, I got goose bumps. These young students can and hopefully will teach all of us to live and respect eac...

One of the Cleveland Orchestra's most celebrated musicians bids farewell
I had the honor of studying with Franklin Cohen in the late 80s and early 90s. He is unparalleled both as a clarinetist and as a musician. His deep personal war...

Summa's dress code is not 'etched in stone'
SOME OF THESE POLICIES ARE A COMPLETE JOKE. UNLESS YOU ARE DOING THESE TYPE OF JOBS EVERY DAY, YOU DON'T KNOW WHAT IS COMFORTABLE AND REASONABLE OR NOT. UNLESS ...

Copyright © 2015 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