Evidentiary Hearing Delayed

Posted on September 23, 2024 by Justice for Willie

Judge Christian A. Jenkins, of the Hamilton Court of Common Pleas, has delayed Jeffrey Wogenstahl’s evidentiary hearing, which had been due to start this week.

Judge Jenkins acted after the prosecution sought the Ohio Supreme Court’s support in delaying the hearing.

The ‘stay’ of legal proceedings will last until the Ohio Supreme Court makes a decision about this matter, and/or decides on the outcome of Jeff’s oral argument, held in April this year (about the constitutionality of the statute relied on by the State in holding Jeff’s trial in Ohio).

State of Ohio, Plaintiff  v. Jeffrey Wogenstahl, Defendant, Case No.: 92206287. Entry Staying Proceedings. In the Court of Common Pleas, Hamilton County, Ohio. September 20, 2024.

UPDATE: JEFF’S EVIDENTIARY HEARING HAS BEEN RESCHEDULED FOR
15 – 18 OCTOBER, 2024.

Posted in Jeffrey Wogenstahl, Judge Christian Jenkins, Ohio, USA, wrongful convictions | Tagged , , , , , , , , , , , , , | Leave a comment

Two Courts and a Prison Move

Posted on August 15, 2024 by Justice for Willie

Since May 21, Jeffrey Wogenstahl has been housed at Ross Correctional Institution (RCI). RCI is a large prison with more spacious grounds for recreation than his previous prison, Chillicothe Correctional Institution (CCI). And at RCI meals are taken in the chow hall, instead of being handed to inmates on trays through slots in the cell doors. But the differences are not that significant. As Jeff says, “It’s just another prison”.

What interests Jeff far more is moving back into society as an exoneree. Two possible stepping stones to this end have arisen this year: oral argument to assess the legitimacy of his trial’s location; and an evidentiary hearing to review his conviction in the light of evidence located by his attorneys 8 years ago. A previous post explains the potential importance of both court decisions.

The oral argument took place as planned on April 23, and can be viewed in the Supreme Court of Ohio video collection. The court has yet to announce its findings.

The evidentiary hearing is scheduled to begin on Tuesday, September 24. It will take place at the Hamilton County Common Pleas Court.

In the meantime, Jeff must distract himself as best he can during his first summer at RCI. Experience has taught him never to allow himself hope, in case it is dashed. And legal proceedings can move very slowly. We wish Jeff well at this stressful time. We hope that this year will bring him closer to the new trial that he deserves.

NB This post has been updated. The start date for Jeff’s evidentiary hearing has been moved from Monday, September 23 to Tuesday, September 24.

FURTHER UPDATE: THE PLANNED EVIDENTIARY HEARING HAS BEEN POSTPONED.

UPDATE: JEFF’S EVIDENTIARY HEARING HAS BEEN RESCHEDULED FOR
15 – 18 OCTOBER, 2024.

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Oral Argument: April 23, 2024

Posted on April 22, 2024 by Justice for Willie

Tomorrow  – Tuesday, April 23, 2024 – the Ohio Supreme Court will hear oral argument in Jeffrey Wogenstahl’s case about the constitutionality of the statute relied on by the State in holding Jeff’s trial in Ohio.

 The session will be held at the Thomas J. Moyer Ohio Judicial Center in Columbus. The Court will convene at 9 a.m. ET, with Jeff’s case scheduled first. Jeff’s argument is due to last for one hour, with the defense and the prosecution having 30 minutes each to present their arguments before the Court.

Jeff’s oral argument will be streamed live online at the Ohio Channel. Soon afterwards it will be available to view in the Supreme Court of Ohio video collection.

One of the Ohio Supreme Court justices, Justice Joseph T. Deters, has recused himself from this oral argument in view of his heavy involvement in Jeff’s case. As lead prosecutor, he presided over significant state misconduct in the case.

Tomorrow the Court will be considering whether Jeff’s trial and appellate lawyers should have challenged the constitutionality of Statute R.C. 2901.11(D), which underpinned the State’s presumption that Amber Garrett’s murder occurred in Ohio. Jeff argues* that if his trial lawyers had done so, he could have been tried in Indiana, where the victim’s body was found.

This oral argument will not address Jeff’s claim of innocence†; but does raise the possibility of a new trial for Jeff in Indiana, where he would be able to present the evidence that his Ohioan prosecutors suppressed.

We trust that the Court will agree with Jeff’s argument tomorrow. Whether in Ohio, or in Indiana, Jeff deserves a new trial.

* State of Ohio, Plaintiff v. Jeffrey Wogenstahl, Defendant. 2023-0945. Merit Brief of Appellant Jeffrey Wogenstahl, in the Supreme Court of Ohio. October 24, 2023.

†Jeff’s claim of innocence will, however, be central at an evidentiary hearing scheduled for September.

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2024: Two Important Dates

Posted on March 17, 2024 by teamwogenstahl

After years without notable legal developments, Jeffrey Wogenstahl has been notified of two potentially significant occasions this year when judges plan to review different aspects of his case.

Next month, on Tuesday, April 23, 2024, the Ohio Supreme Court will listen to oral argument by Jeff and the State of Ohio about the constitutionality of the statute relied on by the State in holding Jeff’s trial in Ohio.

This statute – R.C. 2901.11(D) – underpinned the State’s presumption that Amber Garrett’s murder occurred in Ohio. Jeff argues* that the statute was both so fundamental and so problematic that his trial and appellate lawyers should have challenged its constitutionality. If his trial lawyers had done so, Jeff could have been tried in Indiana, where the victim’s body was found. He would presumably then have avoided the prosecutor misconduct that he encountered in Ohio; the outcome of his trial would likely then have been different.

If the Ohio Supreme Court agrees with Jeff’s argument, it could result in Jeff being granted a new trial in Indiana, which would include new evidence that was originally suppressed by Ohio.

And later this year, Judge Christian Jenkins of the Hamilton County Common Pleas Court will be considering whether Jeff’s trial was fair. An evidentiary hearing for this purpose will begin on Tuesday, September 24, 2024. Key to the hearing will be the important suppressed evidence and critical forensics reports, filed in 2016, which caused a Sixth Circuit Court to suggest that “[Jeff] can establish by clear and convincing evidence that no reasonable [juror] would have found him guilty”.

An extra trial is something that few people would relish; however, it may be the best way for Jeff to establish his innocence once and for all. And for that reason we welcome the possibilities that 2024 have brought him.

* State of Ohio, Plaintiff v. Jeffrey Wogenstahl, Defendant. 2023-0945. Merit Brief of Appellant Jeffrey Wogenstahl, in the Supreme Court of Ohio. October 24, 2023.

NB This post has been updated. The start date for Jeff’s evidentiary hearing has been moved from Monday, September 23 to Tuesday, September 24.

FURTHER UPDATE: THE PLANNED EVIDENTIARY HEARING HAS BEEN POSTPONED.

UPDATE: JEFF’S EVIDENTIARY HEARING HAS BEEN RESCHEDULED FOR
15 – 18 OCTOBER, 2024.

Posted in capital punishment, death penalty, Indiana, Jeffrey Wogenstahl, Ohio, USA | Tagged , , , , , , , , , , , , , , | Leave a comment

Move to Ross Correctional Institution

Posted on February 9, 2024 by teamwogenstahl

Seven years after the cancellation of a scheme to move Ohio’s death row inmates from Chillicothe Correctional Institution to Toledo, a new plan for moving has been announced.

This time, the proposed destination is Ross Correctional Institution, less than a mile from Chillicothe.

The announcement of the move emphasized that Ross is a high-security prison, whereas Chillicothe is only medium security. As in the Toledo prison, the accommodation in Ross is on one floor, so is more appropriate for death row inmates with mobility and physical difficulties than Chillicothe, where stairs separate different sections.

Jeffrey Wogenstahl, and the other death row inmates, must now try to find out what property they will be allowed to take to Ross, and how the system and rules there differ from those that they follow in Chillicothe. They also know they will have to get used to a completely new set of staff.

Already the planned timeline for the move has shifted: the original announcement cited spring, but the talk now is of a later move, possibly in summer this year.

Jeff is philosophical about the move: he will adjust to whatever is necessary while he awaits the much more important next ruling in his case. We hope that his wait for that is not long.

Posted in Chillicothe Correctional Institution, death row, Jeffrey Wogenstahl, Ohio, Ross Correctional Institution, USA | Tagged , , , , , , , , , , , , | Leave a comment

‘Pen Pal’ Request

Posted on September 4, 2023 by Justice for Willie

Five years feels like a significant chunk of time. For instance, it feels significant (and hopeful) that it is five years since Ohio last carried out an execution.

Similarly, it feels significant that today marks exactly five years since Jeffrey Wogenstahl received a favorable decision from a federal court. The Sixth Circuit Court suggested that if Jeff’s jury had known about all the evidence now available, no reasonable juror would have found him guilty of killing Amber Garrett.

For Jeff, the five year period since then has not been easy. The court decision backed up what he has been saying all along – that he is innocent. Yet, for him, that decision changed nothing. He has had to remain on death row, surviving mentally and physically as best he can, just as he did for the 25 years prior to the decision. It is for a judge in a different court to decide what happens next, and for that Jeff must wait.

Along with the other death row prisoners, Jeff has recently been given a tablet with which he can communicate with the outside world. He would love to have online chats with people. Could you spare some time to do that? It would make so much difference to his wellbeing if you could.

As Jeff says,
“I’ve been sitting on Death Row for 30 years rotting away, not knowing what my outcome will be. I’ve been locked away since 1993, so all this modern technology is amazing to me. From what I see on TV people spend a lot of time on their phones. So while you’re on it, how about contacting me? Just looking for conversation about whatever you’d like.

You do have to sign up and pay a small amount in order to contact me directly, but it’s simple enough. Download the GettingOut prison messaging app. My information to register is:
USA
Ohio

ODRC CCI (Chillicothe Correctional Institution)
Jeffrey Wogenstahl A269357
Thank you.”

Whether you live in the USA or elsewhere, your contact would be so very welcome – and the more people Jeff hears from, the merrier!

We would be very grateful if you could share Jeff’s request with your social media contacts. Thank you all so very much!

Posted in capital punishment, criminal justice, death penalty, death row, Jeff Wogenstahl, Jeffrey Wogenstahl, Ohio, USA constitution | Tagged , , , , , , , , , , , , | Leave a comment

Ohio: a de Facto Abolition State

Posted on August 12, 2023 by Justice for Willie

Ohio’s death penalty system has experienced a five-year hiatus. The last execution was of Robert van Hook, who was killed by employees of the state on July 18, 2018, despite evidence linking his behaviour to his “bizarre, chaotic, violent” childhood. Nine reviewing judges found errors in his case of constitutional magnitude.

The five-year respite is, of course, very welcome. For the 123 prisoners on Ohio’s death row, including Jeffrey Wogenstahl, the atmosphere has become less tense. The respite also puts Ohio into a category that political scientist Austin Sarat defines as “quasi-death-penalty states, or de facto abolition states”. As he explains,
“[T]he longer a place goes without putting anyone to death, the more likely it will be to get rid of that penalty entirely.”

And as long as litigation about execution methods continues, and manufacturers disallow drugs for executions, Ohio is unlikely to change its position, at least while Governor Mike DeWine remains in office. He has said,
“There’s been no executions in Ohio since I became governor. I don’t anticipate there will be.”
As Governor DeWine’s term extends until late 2026, Ohio could well experience an 8-year period without executions.

While Governor DeWine remains publicly neutral about the death penalty, Bob Taft, a former Ohio Governor and one-time death penalty supporter, has appealed to the Ohio legislature to repeal it, calling it “a broken and incredibly costly system that fails to protect or aid us in any way.”

According to Robert Dunham, formerly Executive Director of the Death Penalty Information Center, when people get used to having no death sentences or executions, they “either forget how to do it or they sort of realize they don’t miss it and they don’t tend to push for it.”

While the current state of limbo can be unsettling, we should be encouraged by the direction of travel. It is more than possible that Ohio is moving slowly but inexorably towards abolition.

Posted in capital punishment, criminal justice, death penalty, Jeffrey Wogenstahl, Ohio, USA | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

“The Real Killer” Podcast

Posted on April 17, 2023 by Justice for Willie

Jeffrey Wogenstahl’s case has been brought to the attention of a wider audience through a podcast, Episode 7 of “The Real Killer”. The episode’s title, “A Caricature, a Travesty, an Obscenity”, refers to the perversion of justice caused by prosecutorial misconduct in the case of Keith LaMar, another death row inmate who, like Jeff, was tried by prosecutors from Hamilton County, Ohio, in the 1990s.[i]

In the course of the episode we hear from one of Jeff’s attorneys, Kim Rigby, about the prosecutorial misconduct that was also rife in Jeff’s case. Kim explains that the First District Court of Appeals in Ohio was so concerned that it demanded an independent review of the prosecutors’ actions in withholding from the defense Eric Horn’s drug trafficking conviction.[ii] Jeff’s trial prosecutors were Joseph Deters (now Justice Joseph T. Deters of the Ohio Supreme Court), Mark Piepmeier and Rick Gibson.

Kim then describes how later even more evidence of prosecutorial misconduct was revealed, when a change in the Ohio public records law allowed her team to access the Harrison Police Department records on Jeff’s case: they found a “treasure trove of police reports and tips that were previously unknown to the defense”
.
The podcast touches on the case of a Hamilton County death row exoneree, Derrick Jamison;[iii] this sheds light on how so much evidence came to be concealed. Derrick Jamison’s prosecutor, Mark Piepmeier (also one of Jeff’s prosecutors) has testified that it was routine practice at the time of Jamison’s trial in 1985 for Hamilton County prosecutors to require the police to supply them only with what they called a ‘homicide book’ for a murder case. Police could decide what went into a homicide book; if exculpatory evidence was omitted from it, prosecutors were ignorant of it, so could not pass it on to the defense.

An earlier contributor, and former prosecutor, confirms that even during the 1990s “you try your case without providing the defense much evidence at all – just the bare basics”. He describes this practice as ‘outrageous’.

As Kim points out, even if Jeff’s prosecutors were unaware of what remained in his police file, they should have known about it and turned it over to the defense. But, Kim concludes,
“Frankly, the prosecutors should be seeking justice, not just convictions.”

Jamison is sure that if his attorneys had not uncovered the 35 pieces of exculpatory evidence that led to his exoneration, he would now be “in the cemetery”. Despite suffering 20 years in the bleak surroundings of death row and facing execution 7 times, he has received only $75 from the State of Ohio.

The podcast ends with good news about Elwood Jones,[iv] a death row inmate convicted in Hamilton County in 1996, who also suffered from prosecutors’ failure to pass exculpatory evidence to his defense. In December, 2022, Jones was allowed to leave prison to await a new trial. How wonderful the words of Hamilton County Judge Wende Cross must have sounded to him as she announced her decision!…
“It is clear that the failure to disclose the existence of relevant exculpatory and impeaching evidence prior to trial deprived Elwood Jones of a fair trial.  The Sixth Amendment requires a new trial as the only appropriate remedy. Accordingly, Elwood Jones’ Motion for New Trial is hereby granted.”

We hope Jeff will soon also hear words like these. A new trial with all the evidence available is, for him too, the only appropriate remedy.

This first paragraph of this post was corrected on April 27, 2023. Although the special prosecutors assigned to Keith LaMar’s case were from Hamilton County, his trial took place in Lawrence County, not Hamilton County as originally stated.

[i] For more about Keith LaMar, see New York Times, Feb 11, 2022: “Jazz Freed Keith LaMar’s Soul. Can It Help Him Get Off Death Row?”. Laura Zornosa. 

[ii] See: State of Ohio, Plaintiff-Appellee, vs. Jeffrey A. Wogenstahl, Defendant-Appellant. Appeal No. C-030945. 970 N.E.2d 447 (2004) 2004-Ohio-5994. Opinion, Court of Appeals of Ohio, First Appellate District, Hamilton County. November 12, 2004. Opinion, Judge Mark Painter: [*P2] : “… the prosecutors’ conduct needs review by other authorities.”

[iii] For more about Derrick Jamison see WCPO Cinncinnati, March 21, 2023: “He was 90 minutes away from death when he got another chance at life. He’s using it to fight the death penalty”. Jessica Hart.  

[iv] For more about Elwood Jones see USA Today, March 14, 2023: “’I was a thief. I’m not a murderer.’ After nearly 30 years on death row, a retrial”. Amber Hunt.

Posted in capital punishment, death penalty, Hamilton County, Hamilton County Prosecutor's office, Jeffrey Wogenstahl, Ohio, prodecutorial misconduct, suppressed evidence, USA, wrongful convictions | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Justice Joseph T. Deters

Posted on March 17, 2023 by Justice for Willie

Today, March 17, 2023, we remember the disastrous day, 30 years ago, when Jeffrey Wogenstahl entered death row. On March 17, 1993, Jeff received his sentence of death; his removal to death row followed.

Throughout his long incarceration in prisons at Lucasville, Mansfield and Chillicothe, Jeff has consistently and clearly maintained his innocence. When first locked into a death row cell he was a young man; he is now 62. The Ohio criminal justice system has seized and secured three decades of his life.

While Jeff continues to sit on death row, the lead prosecutor from his case now sits at sessions of the Supreme Court of Ohio. Hamilton County Prosecutor Joe Deters was selected as judge by Ohio Governor Mike DeWine in a controversial move at the end of last year, taking up his post in January. The contrast in fortune between Jeff and his prosecutor is stark and disturbing.

A federal judge, Justice Karen Moore, has outlined[1] the extent of the misconduct that Justice Deters presided over while prosecuting Jeff’s case:
“I write separately to emphasize the breadth and depth of prosecutorial misconduct that occurred in this case…
The prosecution withheld Brady evidence,
seemingly suborned perjury,
improperly vouched for the credibility of state witnesses, Wheeler and Deedrick, improperly denigrated defense counsel,
improperly inflamed the jury with speculative commentary about the victim,
improperly confronted and commented personally on [Jeff],
and improperly observed that the defense had failed to call witnesses.
Moreover,… the prosecutor’s penalty-phase closing argument was riddled with improper comments regarding the nature and circumstances of the offense…
The prosecutorial misconduct here was plain and plentiful.”

Police testimony confirms[2] that Prosecutor Deters was given potentially exculpatory information during a Saturday phone call to his home, and responded with something like “Oh shit!” Yet Deters and his team claimed to have no memory of this.

Prosecutor Deters’ office fiercely opposed[3] requests for Jeff to view police records from his case. Only a legal decision overruled Deters and secured for Jeff the vast amounts of potentially exculpatory evidence contained within the suppressed records. A federal court has confirmed[4] the significance of this evidence, allowing Jeff to pursue his claim of innocence.

Despite his wide-ranging misconduct and evidence suppression in a death penalty case, Prosecutor Deters has now become Justice Joseph T. Deters. While Justice Deters is free to travel freely, meet friends and family, and choose from a vast range of leisure activities, Jeff sits and stares at the same four walls that he sees every day, facing the start of a fourth decade on death row.  

How can this be right?

[1] State v. Wogenstahl. 07-4285. United States Court of Appeals for the Sixth Circuit. February 2012. Pages 48-49 (Moore, J., concurring). uscourts. 

[2] State v. Wogenstahl. B-926287. Defendant Wogenstahl’s Motion for leave to file a Motion for New Trial, based on newly discovered evidence from the U.S. Department of Justice, filed in the Court of Common Pleas, Hamilton County, Criminal Division. Filed January 28, 2014. Pages 10 – 11. 

[3] State of Ohio ex. rel. Office of the Ohio Public Defender v. Harrison Police Department and Charles Lindsey, 2016-0410, Complaint for Writ of Mandamus, filed March 18, 2016. Exhibit 10 (page 41 of pdf).

[4] In Re: Jeffrey Wogenstahl, 18-3287. United States Court of Appeals for the Sixth Circuit. September 4, 2018. Order. See especially page 8.

Posted in criminal justice, death penalty, death row, Jeffrey Wogenstahl, Joe Deters, Justice Joseph T. Deters, Ohio, prodecutorial misconduct, USA | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

Half a Lifetime Ago

Posted on November 23, 2022 by Justice for Willie

Today, November 23 2022, is Jeff’s birthday: he is 62 years old. Soon after his 31st birthday – half his lifetime ago – someone murdered a child that he knew; he has never wanted to celebrate his birthday since.

Birthdays are also sad reminders of time passing. Next spring will mark 30 years since Jeff first entered a tiny cell on Ohio’s death row, convicted of a murder that he insists he did not commit.

Jeff has been waiting for over 4 years for a review of his case by his trial court, after an Appeals Court decided* that
“[Jeff] can establish by clear and convincing evidence that no reasonable [juror] would have found him guilty.”
In June this year he also filed a new motion† in the trial court, requesting a new trial. We trust this court – the Hamilton Court of Common Pleas – will respond to him soon.

We wish Jeff a peaceful birthday.

*In Re: Jeffrey Wogenstahl. 18-3287. On Motion to Authorize the Filing of a Second or Successive Application for Habeas Corpus. No. 1:17-cv-00298—Thomas M. Rose, District Judge. United States Court of Appeal for the Sixth Circuit. September 4, 2018.

†State of Ohio, Plaintiff, vs. Jeffrey A. Wogenstahl, Defendant. B 926287 Defendant Jeffrey A. Wogenstahl’s Motion for New Trial, Filed in the Court of Common Pleas Hamilton County, Ohio. Filed June 24, 2022. (Office of the Ohio Assistant Public Defender). Print.

Posted in death penalty, death row, Jeffrey Wogenstahl, Ohio, USA | Tagged , , , , , , , , , , , , | Leave a comment