Opinions split on death penalty

FINDLAY — Mike DeWine, just months away from the end of his last term as Ohio governor, recently publicly changed his nearly 50-year stance on the state's death penalty — arguing that it should be abolished. Speaking in Columbus on Tuesday, DeWine announced that he no longer believes the death penalty serves as a deterrent to murder — the very reason he had supported it for decades. Throughout his speech, DeWine supported his new position by extensively referencing his government experience, including roles as a county prosecutor, member of both chambers of Congress, Ohio attorney general and his seven-year tenure as governor. "The moral justification I had for voting for the death penalty simply no longer exists," DeWine said. Death row inmates locally Of the 108 inmates currently on death row in Ohio, only two stem from area cases: Curtis L. Clinton, 55, of Sandusky, and Victoria Drain, formerly known as Joel M. Drain, 44, of Findlay. Clinton is currently incarcerated at Ross Correctional Institution in Chillicothe, and Drain is at the Ohio State Penitentiary in Youngstown. In 2013, Clinton faced trial in Erie County Court of Common Pleas for the 2012 murders of Heather Jackson, 23, and her children, Celina, 3, and Wayne Jr., 18 months. He had also choked and raped a 17-year-old girl a week prior and had served 13 years in prison for the 1997 strangling death of 18-year-old Misty Keckler. A jury found Clinton guilty on all charges, including aggravated murder, rape and aggravated burglary, and sentenced him to death. He appealed his conviction, but the Ohio Supreme Court denied the appeal in 2018. Drain, while incarcerated for the 2016 aggravated murder of 56-year-old Randy Grose, of Findlay, killed another person while in prison. In April 2019, Drain assaulted fellow inmate Christopher Richardson, 29, in Drain's cell, according to the Associated Press. Richardson later died in a hospital. Drain was accused of inviting Richardson into a cell and then striking Richardson with a motor from a large electric fan before stabbing Richardson with a pencil and strangling him. For the killing, prosecutors sought the death penalty and a three-judge panel sentenced Drain to death in 2020. No longer a deterrent to crime In 1981, as a member of the Ohio Senate Judiciary Committee, DeWine co-sponsored legislation that reinstated Ohio's death penalty after previous laws had been ruled unconstitutional. He voted in favor of the measure, and in 1988, while a member of the U.S. House of Representatives, DeWine worked on and voted for the Anti-Drug Abuse Act of 1988, which President Ronald Reagan signed into law, expanding the number of crimes eligible for the federal death penalty. DeWine claimed that when he served as Ohio attorney general, he "vigorously carried out my legal obligation to defend our capital punishment laws and to litigate in court for the executions." "When I voted for the reinstatement of the death penalty in 1981, I believed that in some cases, capital punishment could serve as a deterrent to keep some people from killing," DeWine said. For Erie County Sheriff Paul Sigsworth, however, he strongly disagrees with DeWine on his new stance. Sigsworth stated that the death penalty should remain available, especially for the most egregious offenses, such as sexual assault, kidnapping or torture of victims — particularly children — and for those with a lengthy history of violent criminal misconduct. "At some point, there has to be a decision made for the protection of society as a whole," Sigsworth said. "They need to be removed from society and not be allowed to ever again engage in that type of behavior, and the death penalty is really the only thing that can do that." Sigsworth also added that even if the offender were to receive life without parole, there is a very slim chance they could still be released if a future governor commutes their sentence and grants them clemency. A lengthy and flawed process While much of DeWine's speech focused on his experience as well as data and criminal justice policy, he also addressed the emotional toll capital punishment takes on victims' families and those tasked with carrying out executions. He acknowledged that many families of murder victims support the death penalty and seek justice through execution. Others oppose it for religious or personal reasons. What many families share, he noted, is frustration with the lengthy appeals process and decades-long delays. "One feeling, however, that seems to be universally held by victims' families is that the long, long wait to see if the death penalty is carried out is frustrating and very hurtful," DeWine said. Ohio has not executed a death row inmate since 2018, when the state put convicted murderer Robert Van Hook to death by lethal injection. Van Hook was on death row for three decades prior to his execution. DeWine reiterated that practical concerns surrounding execution drugs contributed to the state's current pause in executions. Pharmaceutical companies have resisted allowing their products to be used in executions, creating challenges for states that still carry out capital punishment. Sigsworth contends that although all parties have the right to pursue appellate review, particularly in death penalty cases, the process should be expedited significantly. It should also carefully consider the harm inflicted on the victims and their families. "There are people in our society who are degenerates, and they have violent, predatory and demented personalities, and they repeatedly victimize innocent people," Sigsworth said. "And it almost appears as if they thrive on and enjoy that type of behavior, and there's no rehabilitation for those folks." Sigsworth recommends that Ohio lawmakers examine how states like Texas and Florida, which perform executions more frequently, handle them and learn from their practices. "Naturally, there are going to be flaws, but other states are carrying out executions seemingly without the issues that are constantly brought up here in Ohio," Sigsworth said. "And while we debate what method may or may not work, once again, we forget what was done to these victims." Earlier this month, in Florida on June 2, Andrew Richard Lukehart, 53, who confessed to killing his girlfriend's infant daughter and throwing her body in a pond three decades ago, was executed by lethal injection and was reported to have lost consciousness almost immediately after the administration of the lethal drugs, according to the Associated Press. The governor also drew attention to prison employees and execution teams who prepare for and carry out executions. Citing former Ohio Department of Rehabilitation and Correction director Gary Mohr, who served from 2011 to 2018 and oversaw 15 executions, DeWine described the emotional strain corrections officers, nurses, chaplains and other staff involved in the process experience. "The heaviness felt by the execution team and by the support staff is indescribable," Mohr wrote, according to the governor. DeWine argued that these public servants are often overlooked in discussions about capital punishment despite the psychological burden associated with executions. A call for legislative action But the governor made clear that his opposition now extends beyond logistical difficulties. Instead, it is rooted in what he views as a fundamental failure of the death penalty to fulfill its stated purpose. "For the state to take a human life, there must be evidence that in doing so, it will help protect the public — that the threat of that action will deter someone from committing murder," DeWine said. "I do not believe that argument can today be made. Nor do I believe that there is any chance in the future (that) the facts I have cited to support that belief will change." DeWine is now urging the Ohio General Assembly to repeal the law. If lawmakers are unwilling to do so, he suggested the issue could be placed before Ohio voters. At the same time, DeWine emphasized that abolishing capital punishment should not be interpreted as leniency toward violent criminals. Throughout his career, he said, he has believed the best way to protect the public is through long-term incarceration of dangerous offenders. "Our money and energies are much better spent focusing on keeping these repeat violent offenders out of society, than focusing on the death penalty," he said. "Any decision to officially end the death penalty in Ohio cannot change the horror and the anger we feel in regard to these murderers nor the deep sorrow we feel for the victims and for their families." Ohio Attorney General Andy Wilson, appointed by DeWine in May to succeed Dave Yost following his resignation, said he disagrees with DeWine's stance but is relieved the governor didn't use his power to override the decisions made by prosecutors, juries and judges involved in death penalty cases.