A Columbus man sentenced to death in 1999 for the murder of his ex-girlfriend and her father has become the first inmate in Ohio removed from death row under a new state law that bans the execution of the seriously mentally ill, according to the Columbus Dispatch.
The death sentence of David L. Braden, 61, was vacated last
week by a Franklin County judge, who resentenced him to life without parole.
The county prosecutor's office and the state public
defender's office agreed that Braden, at the time of his crime, met the
criteria for serious mental illness under the new Ohio law, which went into
effect April 12. Both sides prepared an order that was signed
by Common Pleas Judge Colleen O'Donnell.
Ohio was the first state to create such a law, thus Braden
is also the first death-row inmate in the nation "to be removed from death
row because of a statutory prohibition against executing people with a serious
mental illness," said Robert Dunham, executive director of the Death Penalty Information
Center.
The Virginia legislature was close to approving a similar
law late last year, Dunham said, but instead banned the death penalty in
March, becoming the 23rd state to do so.
The Ohio law, House Bill 136, was overwhelmingly approved by the state
House in June of last year and by the state Senate in December. Gov. Mike
DeWine signed the measure in January and it became law 90 days later.
The law designates certain mental illnesses,
including schizophrenia and bipolar disorder, as qualifying disorders if
the condition "significantly impaired the person's capacity to exercise
rational judgment in relation to his or her conduct" or "to appreciate
the nature, consequences or wrongfulness" of the conduct.
The law applies not only to current and future capital
cases, but provides the possibility of postconviction relief for those already
on death row who can establish that they qualified as seriously mentally ill at
the time of their offense.
While prosecutors have the option to oppose such
petitions and request a hearing before a judge, Janet Grubb, Franklin County
first assistant prosecuting attorney, said a careful review of information
from Braden's appellate attorneys made such a challenge unnecessary.
"We saw enough during the exchange of information
to conclude that a reasonable fact-finder in our court would determine that
this individual qualified under the statute," said Grubb, who signed the
order on behalf of Prosecutor Gary Tyack's office.
Tyack, who was elected in November, had no involvement in
the decision, Grubb said. Because Tyack served on the 10th District
Court of Appeals for one of Braden's appeals, he had a conflict of interest
that required Grubb to serve as prosecutor on the matter.
"Gary was completely walled off" from
discussions about Braden's petition, Grubb said.
Braden was 39 when he was convicted by a Franklin County
jury in May 1999 of fatally shooting Denise Roberts, 44, and Ralph
"Bud" Heimlich, 83, at the home they shared on Barthel Avenue on the
East Side on Aug. 3, 1998.
Testimony established that Braden and Roberts were seen
arguing in a parking lot outside her workplace earlier in the day. A man
matching his description was seen fleeing the victims' home after neighbors
heard gunshots.
All of Braden's appeals over the years, including one heard
by the Ohio Supreme Court, have been rejected, although a case in federal court
was still pending.
Kathryn Sandford, an assistant state public defender who has
handled Braden's appeals since his conviction, said the federal case will be
dismissed as a result of the agreed order signed by O'Donnell.
Sandford and Steve Brown, a fellow assistant state
public defender, filed the petition outlining Braden's qualifications for the
serious-mental-illness designation.
They included the findings of a psychologist who determined
that Braden suffered from "paranoid schizophrenia with delusions"
before committing the murders.
Since the early to mid-1990s, they wrote, a brother and
sister-in-law testified that Braden had made statements about being a prophet
of God, while friends attested to his paranoia and alarming personality
changes.
Since the beginning of his incarceration, Braden has been treated
with anti-psychotic medication to control his psychotic symptoms,
according to his attorneys.
A psychologist testified during the sentencing phase of
Braden's trial that he was mentally ill, but the jury recommended a death
sentence, which was imposed by then-Common Pleas Judge Michael H. Watson.
The change in Ohio law, and its application to Braden's
case, shows an evolution in the way the state legislature, the courts and
the public have come to view the death penalty since Watson imposed the
sentence, Sandford said.
The executive director of the National Alliance on Mental
Illness of Ohio, one of the groups that pushed for the law, said
he hopes the public understands that the serious-mental-illness criteria
applies to a relatively small number of those on death row.
"This is not an opening for everyone to claim they're
mentally ill," Terry Russell said. "You cannot fake schizophrenia.
You cannot fake bipolar illness. The symptoms are such that when someone is
seriously mentally ill, it can be recognized."
Russell added that Braden "is never going to get
out of prison. He's going to be punished for what he did, and we support
that."
As part of the prosecutor's office review of Braden's
petition, it was required by a separate state law to contact the family of the
victims to inform them of the request, Grubb said.
"The survivor we met with understood the position we
were in," she said. "I think she reluctantly accepted that this was
something that made sense on multiple levels."
Dunham, of the Death Penalty Information Center, said the
law "does not dishonor the victims" of those on death row.
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