Here ya go...the law you cite:
http://codes.ohio.gov/orc/2929.04
“The existence of any of the mitigating factors listed in division (B) of this section does not preclude the imposition of a sentence of death”
Section B is where mitigating circumstances are listed...such as being pissed off at your wife and choking her to death...
Game,set,match.
Good grief, you're an idiot. This is why amateurs should NEVER cite statutory law. They almost ALWAYS get it wrong.
An absence of a mitigating factor isn't evidence of aggravating circumstances. Again, I'm sorry you lack the intellectual capacity to understand such a remedial point of law.
That statute plainly says...
Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt:...
The opinion about this case from author of this very statute was characterized in the article...
"Justice Paul Pfeifer, who helped write Ohio's death penalty law as a state legislator in 1981, wrote that Nields' crime was not what lawmakers considered as a case eligible for the death penalty when creating the law."
Contrary to your ridiculous assertion, this statute plainly states that "murder is not murder". There must be aggravating factors to impose a sentence of death. Every state that has the death penalty, spells out the requirement of aggravating circumstances to impose death.