Death-penalty trial too costly

The Columbus Dispatch ^ | Friday, August 9, 2002 | Frank Hinchey and Randy Ludlow

[Printers Angel]

Vinton County can't ensure fair defense in slaying of Kenyon student, judge says A man accused of murdering a Kenyon College student no longer faces the death penalty because a judge has ruled that Vinton County might lack the money to ensure a fair trial.

An aggravated-murder charge still stands against Gregory McKnight. But Judge Jeffrey L. Simmons of Vinton County Common Pleas Court yesterday threw out accompanying death-penalty specifications.

Simmons' unusual ruling essentially held that the rural southeastern Ohio county could not financially guarantee that McKnight would receive an adequate defense in a capital murder trial. The cost was expected to exceed $75,000.

McKnight, 25, is charged with the unrelated slayings of student Emily Murray and Greg L. Julious of Chillicothe. McKnight faces trial before Simmons on Sept. 23 in the aggravated murder and kidnapping of Murray and the murder of Julious. Only the Murray case carried the possibility of lethal injection.

"The court finds that the potential impact of financial considerations could compromise the defendant's due process rights in a capital murder case,'' Simmons ruled. "The court finds that this risk is unacceptable in this case.''

Simmons' order caught Prosecutor Timothy Gleeson and other county and state officials by surprise.

The Ohio attorney general's office plans to appeal.

"We believe the judge lacks the authority to dismiss the capital portion of the case,'' said Bret Crow, spokesman for Attorney General Betty D. Montgomery.

Money, Crow said, is not a consideration in such cases.

"It's a tough question, but I don't think you can put a price tag on justice.''

Simmons declined to expand on his ruling, saying, "I believe the entry speaks for itself.''

Athens lawyer Herman Carson, one of McKnight's three court-appointed attorneys, welcomed Simmons' decision.

"I'm very pleased the judge recognized the need to provide an adequate defense, that the cost of doing that is significant, and that this is a situation where the county budget cannot bear the cost,'' Carson said.

The cost of the death-penalty case was discussed informally with Simmons, Carson said, but was not raised in the attorneys' motion to dismiss.

"We have discussed on numerous occasions with the court how much this was going to cost if it goes forward as a capital case -- in excess of $75,000'' for legal fees, investigators and witness travel, he said.

Gleeson said the judge has granted every request by McKnight's attorneys for money to prepare their case, including more than $33,000 for consultants and travel expenses for investigators to go to New York to interview McKnight's family.

Vinton County, Gleeson said, is a "can-do county and I think we can and have prosecuted criminals to the fullest extent of the law, and I am sure that Judge Simmons believes that, too.''

The judge's ruling also caught the attention of John Murphy, the 25-year executive director of the Ohio Prosecuting Attorneys Association.

"I have never heard of that before,'' Murphy said.

Vinton County Commissioner Todd Gibson said he was surprised by Simmons' ruling, but backs the judge nonetheless.

"Our county is really tight right now,'' Gibson said. "I won't say we could have found the money, but I think we would have at least tried.''

Vinton County, with a population of 12,806, has an annual median household income of about $26,700, according to census figures. Its general-fund budget is $2.7 million.

"If the judge says the county could not afford to properly represent Mr. McKnight and give him a fair trial, I understand his ruling and would have to agree with him,'' Gibson said.

Richard Dieter, executive director of the Death Penalty Information Center in Washington, called Simmons' ruling "very unusual.''

"I don't know of any other judge who has issued a ruling like that,'' said Dieter, a lawyer. "Judges usually find a way to say, 'Make this happen.' ''

Prosecutors have been known not to seek death-penalty specifications in murder cases because of the cost, and a few county commissioners across the country have been jailed for refusing judges' orders to pay for capital cases, Dieter said.

"It is a problem where much of the expense is borne by the local county. If a death-penalty case can't be done right, it should not be done at all.''

Contacted last night in Cold Spring, N.Y., Murray's parents, Tom and Cynthia, said, "We have confidence that the prosecutor of Vinton County will do the right thing.''

Murray, 20, had been missing a month from Kenyon's Knox County campus before her body was found 80 miles away in McKnight's trailer in rural Vinton County on Dec. 9, 2000.

The dismembered remains of Julious, also 20, were found during a search of McKnight's property in Ray.

Both Murray and Julious were last seen with McKnight.

Dispatch Information Specialist Eboni Francis provided research assistance for this story.

[Printers Angel]

Have a friggin' car wash to raise the money. I wonder what the victims families think of this.

[Printers Angel]

Kenyon College Press Release:

http://www.kenyon.edu/crc/pa/news/01/?news=1115murray

Campus Notice: Search Continues for Emily Murray The search for missing student Emily Murray, a junior at Kenyon College who was last seen the morning of Friday, November 3, continues. No concrete leads have surfaced in the case of her disappearance. Last week, the Federal Bureau of Investigations (FBI) became involved in the search. Agents from the Columbus, Ohio, office have conducted interviews on campus, and they are working closely with the Knox County Sheriff's Department. While there have been several reports concerning Murray's possible whereabouts, including a reported sighting of a body in the Kokosing River on Sunday, none of the leads have been fruitful. At this time, there is still no indication of foul play. Although Murray came to Kenyon from Shaker Heights High School on the east side of Cleveland, Ohio, her parents currently live in Cold Spring, New York. Authorities investigating the case have been gathering information nationwide, including the New York area and Santa Fe, New Mexico, where Murray spent last summer. Interest from the news media continues. The story of Murray's disappearance has been reported by the Mount Vernon News, the Columbus Dispatch and evening and morning news broadcasts on channels 4 and 10 out of Columbus. Kenyon officials continue to work closely with the FBI, the Knox County Sheriff's Department, the news media, and the missing student's family to help locate Murray. Murray was last seen at 3:00 a.m. on Friday, November 3, when she left the Pirates Cove, a restaurant and bar in Gambier where she worked as a waitress. She had resigned from her job a week previously, so the Thursday night-Friday morning shift was intended to be her last time working there. Because Murray has no classes that meet on Friday (or Monday), her absence was not noted until later on Friday. However, several of her friends became worried and brought their concerns to the attention of Kenyon officials. A missing persons report was filed on the morning of Saturday, November 4, with the Knox County Sheriff's Department. Last seen wearing tan slacks, a black tank top, and a sweater, twenty-year-old Murray is 5 feet, 4 inches tall and 112 pounds, with reddish brown hair, brown eyes, and a fair complexion. Her car--a dark green 1995 Subaru Outback with New York plates, license Y213JP, and a Kenyon parking decal--is also missing. Anyone with any leads as to Murray's whereabouts is asked to contact the Knox County Sheriff's Department, 740-397-3333. Click here to see a message from President Oden to the Kenyon family about Emily Murray.

[stumpy]

Offer hunting licenses on the judge's family to raise the funds. Then see if his loved one's are worth $75,000. Bet he changes his mind.

[Printers Angel]

Kenyon College Press Release:

http://www.kenyon.edu/crc/pa/news/01/?news=1212murray

Campus Notice: Dental records confirm that body is Emily Murray's; family announces funeral plans

Yesterday, the Franklin County Coroner's Office received the dental records of Emily Murray, confirming positively that the body found in a mobile home near Ray, Ohio, is that of Murray, a junior at Kenyon College who had been missing since Friday, November 3.

"This week, fears worse than any we might have fathomed have been realized," says Kenyon President Robert A. Oden Jr. "Much remains to be learned. Details of the time between Emily's disappearance and what we are discovering are those which we may never learn. Our thoughts are now chiefly with Emily's family and her friends, especially those at Kenyon."

Murray's dark green 1995 Subaru Outback was recovered on Saturday, December 9, when a deputy sheriff of Vinton County approached the mobile home to serve court papers in connection with a burglary indictment. The body was found later that day after a search warrant was obtained.

According to Knox County Sheriff David Barber, Murray died of a gunshot wound to the head. Law enforcement officials believe the shooting took place in Vinton County a number of weeks ago. A motive has not been identified in Murray's death.

Murray was last seen at approximately 3:00 a.m. on November 3, when she left her job as a waitress at the Pirates Cove, a restaurant and bar in Gambier. A missing-persons report was filed on the morning of Saturday, November 4, with the Knox County Sheriff's Department.

The owners of the mobile home, Gambier residents Gregory B. McKnight and his wife, Kathryn S. McKnight, have been charged with receiving stolen property in connection with the fact that Murray's car was found outside the mobile home, and the two are considered suspects in Murray's death, according to Sheriff Barber.

Mr. McKnight worked as a kitchen manager at the Pirates Cove. Bail has been set at $1 million for each of the suspects, who were transferred from the Knox County jail to Vinton County yesterday.

While Murray had yet to declare a major, she had expressed an interest in philosophy and religion. "As a student and advisee, Emily always came across as a gifted young woman with an acute intelligence and intense independence," says Professor of Religion Royal W. Rhodes, who was Murray's faculty advisor. "While discussing new ideas, there was often a physical transformation, as her eyes widened, her head lifted, and the tone of her voice changed."

Murray is described by classmates as a friendly, well-liked student, who interacted with a broad spectrum of students on campus. She was a member of the Kenyon Community Choir and the Housing and Grounds Committee this year. In her sophomore year, she was a member of the Stage Femmes and the Appalachian People's Service Organization. Murray grew up in Shaker Heights, Ohio, where she was involved at Christ Episcopal Church and in the youth ministry activities of the Diocese of Ohio.

"Emily's interest in philosophy and religious studies was tied, I think, to her love for the most complex questions of life. She wanted to understand more clearly, to know more deeply, and to live more closely to the truth she discovered," says Rhodes. "Her own religious striving seemed to display a sense that the knowledge and love of God had promise to give worth and authenticity to her own yearning heart. Her life was caught up in that wonder."

"I met Emily as she moved into her first-year residence hall at Kenyon, and hence have known her since the beginning of her time here," says Oden. "Our community is one that feels the absence of anyone. Today, and for long into the future, we feel the absence of Emily Murray, and our hearts ache with her family."

Funeral services for Murray will be held at St. Philip's Episcopal Church in Garrison, New York, at 2:00 p.m. on Sunday, December 17. Memorial services will be held in the Cleveland, Ohio, area, where Murray attended Shaker Heights High School, and at Kenyon, although dates have not been set for these services.

In lieu of flowers, the family requests that those wishing to make a donation in Murray's memory send contributions to the Cedar Hills Conference Center, the Emily Murray Fund, 5811 Vrooman Road, Painesville, Ohio 44077. Cedar Hills is an Episcopal retreat center, which, according to Murray's family, meant a great deal to her.

[Paleo Conservative]

Why doesn't the state of Ohio give the county some money to defray some of the cost. After dragging of James Byrd, the state of Texas helped Jasper county pay for the resulting trials. Two of the three defendants received the death penalty, and the third received life in prison. It sounds as if the judge is trying to make any excuse not to have the death penalty available.

[Printers Angel]

Vinton County residents say cost shouldn't affect trial
Thursday, August 22, 2002
Frank Hinchey
THE COLUMBUS DISPATCH

McARTHUR, Ohio -- A murder case is big news in any small town. But since a local judge decided Vinton County is too poor to seek the death penalty against Gregory McKnight, the story has gained national attention.

At a hearing yesterday for McKnight, accused of killing a Kenyon College student, a Time magazine reporter sat in the front row. A CNN camera was nearby. And The New York Times wrote last week that Common Pleas Judge Jeffrey Simmons' ruling on Aug. 8 was the first time a U.S. judge had dismissed death-penalty specifications because he feared the county couldn't afford a proper defense for the accused.

The scrutiny that has come with all the attention leaves this Appalachian village of 1,500 people concerned about its image -- and firm in the belief that it is being tarnished by what might have been a hasty decision by a well-meaning judge.

"He probably thought he was doing the right thing, but I'm afraid he's going to have to consider the ramifications. The man is charged with two murders,'' barber Larry Quick said while cutting hair in a shop a block from the courthouse. "I thought justice is supposed to prevail.

"Surely there would be money available from the state,'' Quick said.

After withdrawing an appeals-court motion opposing the judge's ruling, Prosecutor Timothy Gleeson yesterday asked Simmons to reconsider his ruling.

If Simmons agrees to reconsider, McKnight's attorneys asked him to conduct a hearing on the county's ability to pay for a proper defense.

Gleeson said that if the death-penalty portion of the case is reinstated, he would be ready for the Sept. 23 trial.

McKnight, 25, formerly of Queens, N.Y., declared indigency, and has two court-appointed lawyers and a third working at no charge.

Counties can be reimbursed up to 33 percent by the state public defender's office to help defray attorney fees for indigent defendants. And the county has applied for a $65,000 state grant to defray legal expenses. Defense fees are estimated at $75,000.

McKnight, of Ray in Vinton County, had faced the death penalty in the kidnapping and aggravated murder of Emily Murray on Nov. 3, 2000. The 20-year-old Kenyon College student was found shot to death, wrapped in a carpet in McKnight's trailer, a month after she had disappeared from the college campus.

McKnight also is accused of killing Greg Julious, 20, of Chillicothe, in an unrelated crime, but prosecutors did not seek the death penalty in that case.

In downtown McArthur, registered nurse Glenn Ogier said that while she agrees the county has limited resources, "the law should not be compromised for a lack of funds.''

The judge's decision might send the wrong message, the Vinton County resident said.

"I think people who come to Vinton County should know if they commit a crime, they are going to be prosecuted to the fullest extent of the law,'' Ogier said. "We are a good county, but we are entitled to protect our families.''

All three county commissioners would like to see the death-penalty specifications reinstated.

Commissioner Michael Bledsoe said he would like the case to be decided by a jury of Vinton County residents, "and if there is a conviction, then the punishment should fit the crime.''

Commissioner James Harper concurred.

"We have to try the case to the fullest extent of the law; we can't afford not to,'' he said. "What is upsetting is having an accused criminal walking the streets someday if he gets out of prison.''

And because the commissioners control the county budget, money should not be a consideration for the judge, Commissioner Todd Gibson said. "We have had hard times before, but we will just have to find money for it.''

At the McArthur Hotel, across the street from the courthouse, owner Kate Madison said the case has been the main topic of conversation at the hotel bar and restaurant.

"I have not heard anyone (who comes in here) that agrees with the decision.''

McKnight attended yesterday's brief hearing and said little. He was brought to the courthouse from the Lebanon Correctional Institution, where he is serving an eight-year prison sentence on an unrelated burglary case.

Despite the current controversy, McArthur Police Chief Joe Drew said he is confident about Simmons' ability to run a court.

"He is very fair. And no matter what happens, McKnight will get a fair trial.''