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Ohio Court Reverses Death Penalty Sentence
AP Wire ^ | 5-31-2008 | AP Wire

Posted on 05/31/2006 2:00:28 PM PDT by Thanatos

COLUMBUS, Ohio (AP) - The Ohio Supreme Court on Wednesday threw out the death sentence of a man who strangled and stomped a 76-year-old man during a robbery, saying the killer’s chaotic childhood with abusive parents, along with other factors, outweighed the crime’s brutality.

The 4-3 opinion also noted that Troy Tenace, 44, expressed remorse when he confessed to police in 1994, and that if he receives the maximum sentence, he won’t be eligible for parole until age 96.

Any one factor alone would not have resulted in reversing the death sentence, but the combination of the three is enough to argue for prison over execution, the majority said.

The three dissenting justices said the brutality of the crime was inexcusable.

The justices were unanimous, however, in upholding Tenace’s conviction for robbing and killing Chester Kozlowski on Jan. 28, 1994, in his Toledo home. Tenace robbed Kozlowski because the older man paid him in cash earlier for chimney repairs. The man had been gagged and strangled, and had extensive facial injuries from being stomped with heavy boots.

The ruling sends the case back to Lucas County for resentencing.

Tenace’s mother and siblings had testified he was forced to watch the sexual abuse of his sister by his stepfather and was sexually abused himself by baby sitters, and that all three children were taught to steal and use drugs by age 10.

“Tenace was doomed from the start,” Justice Judith Lanzinger said in the majority opinion. “Both appellant’s mother and father were abusive, neglectful, and pernicious influences on their three children, who were schooled in crime from an early age.”


TOPICS: Crime/Corruption; Extended News; Government; US: Ohio
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1 posted on 05/31/2006 2:00:34 PM PDT by Thanatos
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To: Thanatos
How is it that people can go postal but not judicial? If I were a nut with nothing to lose I'd carry my assault weapon to the courthouse, not the post office.
2 posted on 05/31/2006 2:06:32 PM PDT by Jaysun (Cold showers turn me on.)
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To: Thanatos

Got to get a gun to survive in Ohio!


3 posted on 05/31/2006 2:07:05 PM PDT by rocksblues (Liberals will stop at nothing.)
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To: Thanatos

The tyrants in black strike again! These judges don't live in the real world.


4 posted on 05/31/2006 2:07:15 PM PDT by NinoFan
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To: rocksblues
Got to get a gun to survive in Ohio!

Whatever for? The police will protect us all. < /sarcasm>
5 posted on 05/31/2006 2:09:17 PM PDT by NinoFan
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To: Thanatos; Admin Moderator

Your title is not the original title of the article. It's not even English.


6 posted on 05/31/2006 2:09:31 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Thanatos

In Covington Georgia last week a man intentional ran over two sisters and their three young children killing a two year old girl. In the days that followed the family of the killer was allowed copious airtime by the Atlanta broadcast media which they use to claim that Mr. Barnes (the killer) had suffered from depression. The liberal media will do anything to spare a mascot killer from punishment.


7 posted on 05/31/2006 2:09:37 PM PDT by Madstrider
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To: Thanatos; Admin Moderator
I believe the actual title for the article is:

Ohio Court Reverses Death Penalty Sentence

You're supposed to use the real title, not your own.

8 posted on 05/31/2006 2:15:04 PM PDT by TChris ("Wake up, America. This is serious." - Ben Stein)
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To: Thanatos

Gee. The victim won't reach 96. And at taxpayer expense, either. Bet those judges just felt SO GOOOD about themselves!


9 posted on 05/31/2006 2:15:47 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: Thanatos

"if he receives the maximum sentence, he won’t be eligible for parole until age 96."



My money is on 65.


10 posted on 05/31/2006 2:38:18 PM PDT by Brilliant
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To: PzLdr

The judges know that he won't be in jail until he's 96. At some point, some other liberal judge is going to say, "He's no longer a threat to society, and it's just costing us money to keep him here, so I'm letting him go."


11 posted on 05/31/2006 2:39:47 PM PDT by Brilliant
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To: Thanatos

The feminization of America continues unabated.


12 posted on 05/31/2006 2:42:21 PM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: Thanatos

We cant all get our druthers, but If I did I would have this man committed to prison till he is 76, then stomp him to death.


13 posted on 05/31/2006 2:45:36 PM PDT by sgtbono2002
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To: Thanatos
Liberal Justices:If you are abused then you are free reign to Murder and Mayhem without punishment

Who writes AP's headlines? The Dread Boston Salty could be more grammatical than that, and he can't even tell you what a compound sentence is.
14 posted on 05/31/2006 2:47:50 PM PDT by Xenalyte (Anything is possible when you don't understand how anything happens.)
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To: Thanatos

"The justices were unanimous, however, in upholding Tenace’s conviction for robbing and killing Chester Kozlowski on Jan. 28, 1994, in his Toledo home. "

If they were upholding his conviction he must have been contesting it. So much then for the remorse he showed after the murder.


15 posted on 05/31/2006 2:50:20 PM PDT by half-cajun
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To: Thanatos
This is not an anomaly, this is a cornerstone of contemporary leftwing thought. The idea is that the social classification of "oppressed" grants complete moral absolution to the individual given it, and that any action taken by that individual is, by definition, an expression of resistance to that oppression and nothing more.

This is mighty handy when justifying theft from one party for the benefit of another but it's just as applicable to stomping a 76-year-old man to death. The murdered man here was either an oppressor himself or a symbol of oppression by this theory. Not a human being. Case closed.

16 posted on 05/31/2006 2:53:21 PM PDT by Billthedrill
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To: NinoFan

Are you saying these judges work in the US Senate?


17 posted on 05/31/2006 2:59:29 PM PDT by Tannerone
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To: Thanatos
Liberal Justices:If you are abused then you are free reign to Murder and Mayhem without punishment

Whomever came up with that headline should be shot.

18 posted on 05/31/2006 3:01:03 PM PDT by humblegunner (If you're gonna die, die with your boots on.)
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To: humblegunner

The person who posted this on FR came up with that headline. It's not the original (click on the link).


19 posted on 05/31/2006 3:14:36 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
It's not the original (click on the link).

I see it has now been changed.

20 posted on 05/31/2006 3:25:29 PM PDT by humblegunner (If you're gonna die, die with your boots on.)
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