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Adremy DENNIS
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder:
June 5,
1994
Date of birth: January 23,
1976
Victim profile: Kurt
O. Kyle (male, 29)
Method of murder:
Shooting (sawed-off shotgun)
Location: Summit County, Ohio, USA
Status: Executed
by lethal injection in Ohio on October 13,
2004
In the early morning hours of Sunday, June 5, Adremy Dennis (18) and
Leroy Anderson (17) decided to go to a bar and "meet some chicks."
Anderson spoke of "robbing somebody," and the
pair armed themselves with weapons: Dennis with a sawed-off shotgun
and Anderson with a .25 caliber handgun. The pair had a few drinks
and walking from the bar unsuccessfully attempted to rob a man they
encountered.
Minutes later, the two confronted 29 year old
Kurt Kyle outside his home talking to a friend. When they demanded
money, the friend inside the car slowly handed over his wallet with
$15 in it.
Kyle, outside the car, searched through his pockets and
told Dennis that he had no money with him. Dennis then pulled out
the sawed-off shotgun and shot Kyle in the head at point-blank range.
Kyle died instantly. The men ran from the scene.
At his clemency hearing 10 years later, Dennis
told the Parole Board that he was high and that Kyle was at fault
for failing to cooperate with him.
Accomplice Leroy Lamar Anderson was 17 at the
time of the crime and Ohio law prohibits the death penalty for those
younger than 18. He is serving a life sentence.
Citations:
State v. Dennis, Not Reported in N.E.2d, (Ohio App. 9 Dist.
1997). (Direct Appeal). State v. Dennis, 683 N.E.2d 1096 (Ohio 1997) (Direct Appeal). Dennis v. Mitchell, 68 F.Supp.2d 863 (N.D.Ohio 1999)
(Habeas). Dennis v. Mitchell, 354 F.3d 511 6th Cir. 2003). (Habeas)
Final Meal:
Fried catfish, lasagna with meat sauce, garlic bread, sweet potato
pie, pecan pie and pumpkin pie, all with whipped cream, as well as
vanilla and chocolate ice cream.
Final Words:
"I'm in God's hands now. Everything's going to be just the way it
was intended. I'll see everybody when they get there."
ClarkProsecutor.org
Ohio Department
of Rehabilitation and Correction
Inmate #: 306133
Inmate: ADREMY DENNIS
Race: Black
Gender: Male
DOB: 01/23/76
County of Conviction: SUMMIT
Received at DOC: 01/05/95
Offenses: AGGRAVATED MURDER, ATTEMPTED AGGRAVATED MURDER, AGGRAVATED
ROBBERY
Institution: Mansfield Correctional Institution
Ohio Adult
Parole Authotity - Adremy Dennis Clemency Report
STATE OF OHIO
ADULT PAROLE AUTHORITY
COLUMBUS, OHIO
Date of Meeting: September 21, 2004 - Minutes of
the SPECIAL MEETING of the Adult Parole Authority held at 1030 Alum
Creek Drive, Columbus, Ohio 43205.
IN RE: ADREMY DENNIS, MANCI #306-133
SUBJECT: Death Penalty Clemency
VERDICT: Date (12-15-94) Guilty by Jury to
Indictment
SENTENCE: Ct. 1-Agg. Murder - Sentenced to Death,
Firearm Spec.-3 yrs. prior to and cs/w death; Ct. 2-Att. Agg. Murder
- 10 to 25 Yrs, Firearm Spec.-3 yrs. prior to and cs/w 10-25 and cs/w
Ct.1; Ct. 3-Agg. Robbery- 10-25 yrs, Firearm Spec.- 3 yrs prior to
and cs/w 10-25 yrs., specs to Ct. 3 merged with specs to Ct. 2, Ct.
3 cc/w Ct. 1; Ct. 4-Agg. Robbery 10-25 yrs, Firearm Spec.- 3 yrs.
prior to and cs/w 10-25 yrs., Ct. 4 cs/w Cts. 1 & 2; Ct. 5-Agg.
Robbery 10-25 yrs., Firearm Spec. - 3 yrs. prior to and cs/w 10-25.,
Spec. to Ct. 5 merged with Spec. to Ct. 2., Ct. 5 cc/w Cts. 1 & 2;
Ct. 6-Possession of Dangerous Ordnance- 3-5 yrs. Firearm Spec.- 3
yrs. prior to and cs/w 3-5 yrs., Ct 6 cs/w Cts. 1, 2.
AGGREGATE SENTENCE: Death consecutive with 12
years (specifications) consecutive with 23-55 years.
ADMITTED TO INSTITUTION: 1-5-95
TIME SERVED: 116 months
AGE AT ADMISSION: 18 years old, D.O.B. (1-23-76)
JAIL TIME CREDIT: 210 days
PAROLE ELIGIBILITY: N/A
PRESIDING JUDGE: Honorable Mary F. Spicer
PROSECUTING ATTORNEY: Michael Carroll
ACCOMPLICE: Leroy Lavar Anderson, A301526, (Sent.
Life Imprisonment for Agg. Murder, Att. Agg.Murder, and 3 Cts. of
Agg. Robbery). First statutory parole hearing March 2022.
FOREWORD:
Clemency in the case of Adremy Dennis #306-133
was initiated by The Honorable Bob Taft, Governor of the State of
Ohio, and the Ohio Parole Board, pursuant to Sections 2967.03 and
2967.07 of the Ohio Revised Code and the Parole Board Policy #105-PBD-05.
A previous Clemency Report was sent to The
Honorable George V. Voinovich, then Governor of the State of Ohio,
on January 30, 1998. That report contained a unanimous Parole Board
recommendation against clemency.
On September 10, 2004, Parole Board Member Jim
Bedra interviewed Mr. Dennis at the Mansfield Correctional
Institution for our most recent investigation for this report. Also
present at the meeting was Kyle Timken, Assistant Public Defender.
A Death Row Clemency Review Hearing was held on
September 21, 2004 with eight members of the Ohio Parole Board
participating. Present at the hearing on behalf of Mr. Dennis were
Assistant Public Defenders, Stephen A. Ferrell, Kyle Timken and
Linda Prucha and family members Marquita Dennis, the inmate’s mother;
and Darnise Fisher, Querita St. Andre and Irene Donnie, the inmate’s
aunts. Present at the hearing on behalf of the State, were Summit
County Assistant Prosecutor Richard Kasay and Assistant Attorney
Generals Tim Prichard and Stephen Maher from the Office of the Ohio
Attorney General. Representatives from the victims’ families
included Doreen and Howard Kyle, victim’s parents, Craig Kyle,
victim’s brother, Martin Eberhart, victim of the Agg. Robbery and
close friend to Mr. Kyle and Curtis Sabo, friend to Mr. Kyle. At the
conclusion of the hearing the Board gave careful review,
consideration and discussion to all testimony provided and
supplemental materials submitted. The Board voted and reached a
majority decision.
We now submit to the Honorable Bob Taft, Governor
of the State of Ohio our report and recommendation.
DETAILS OF THE INSTANT OFFENSE:
During the early morning hours of June 5, 1994,
Adremy Dennis and his accomplice, Leroy Lamar Anderson, approached
the victim, Dean R. Pizer in Akron, Ohio and demanded money. The
victim refused and immediately fled as Dennis pulled out a sawed-off
shot gun (.20 gauge) and shot at the victim. Review of the appellate
decision indicates that the victim’s court testimony was that he
slid down a hill, and then ran away unharmed; that he heard a
gunshot to his left that may have hit a trash can or some other
object. He also testified that Dennis told him he was “going to die
tonight.”
A short time later, Dennis and his accomplice
Anderson, approached victims Martin Eberhart and Kurt Kyle in front
of Kyle’s home. Earlier that evening, Mr. Kyle, an amateur stock car
driver, had raced at Barberton Speedway and was hosting a barbeque
for friends in celebration of his victory. Mr. Eberhart was leaving
the gathering and Mr. Kyle accompanied him to his car. At that point,
Dennis and Anderson approached the victims. Anderson demanded money
while pointing a gun at Eberhart’s neck. The victim in turn handed
over $15.00 that had been in his wallet. At the same time, Dennis
demanded money from Kyle. However, Kyle searched his pockets and
told Dennis that he had no money with him. Dennis then pulled out a
sawed-off shotgun and shot Kyle in the head at point-blank range.
This severed both carotid arteries, killing him. The two assailants
ran away together.
A few days after the murder, police received a
call from Anderson’s mother advising them that a possible suspect
was living in her home. After procuring a search warrant, police
seized several items from the home, including a .25 caliber handgun,
a 20 gauge sawed-off shotgun and seven shotgun shells.
A short time later, police surrounded the Dennis
home and apprehended Adremy Dennis. After waiving his Miranda Rights,
Dennis, in a taped interview with detectives, admitted to shooting
Kyle with the sawed-off shotgun. He further admitted that he and
Anderson had planned to do some robberies that night. While
admitting that he fired the shotgun three separate times that night,
he asserted that each shot was accidental and that he “could barely
focus ” due to consuming alcohol and marijuana prior to the
robberies.
A jury trial commenced December 12, 1994. After
deliberation, the jury found Adremy Dennis guilty as charged.
INSTITUTIONAL ADJUSTMENT:
Mr. Dennis was admitted to prison January 5,
1995. His prison files were reviewed on September 10, 2004 and it
was found that he has made a positive adjustment in prison. He has
had only two minor rule infractions during his ten (10) years of
incarceration. Staff indicate that he is no problem on the unit and
generally keeps to himself.
PROPONENTS TO CLEMENCY:
A written application with documentation
outlining the reasons Adremy Dennis should receive Executive
Clemency was filed with the Parole Board. On September 21, 2004,
Public Defender, Stephen A. Ferrell presented oral testimony in
support of his application. Their focused question before the Board
and the Governor is not one of guilt, but the question is one of
mercy. Reasons expressed in favor of the granting of Executive
Clemency are as follows:
Mercy is appropriate in this case. Dennis was not
even five months past his eighteenth birthday at the time of this
offense. Although he was statutorily and constitutionally eligible
for the death penalty, his youth and lack of maturity call for mercy.
He was raised in the worst of circumstances and was completely
neglected until the age of fifteen. Had Dennis committed this
offense five months earlier, his age would have completely precluded
imposition of the death penalty.
However, maturity does not occur
suddenly, upon the passing of a birthday. His level of maturity at
the time of this offense was not very different from what it had
been five months earlier. Therefore, his youth must carry enormous
weight in determining what sentence is ultimately appropriate for
him for this crime. His age is particularly significant because his
background of incredible neglect left him almost incapable of
exercising good judgment and responsible behavior. His youth and
background do not excuse his offense, but they do argue strongly for
mercy.
Dennis had a neglectful family upbringing. His
lack of parenting and inadequate education left him immature and
vulnerable to the worst influences. He was born to an extremely
unstable 19 year old mother who demonstrated her inability to
effectively parent Dennis from the beginning. She had no prenatal
care. When he was only one week old, he became sick when his mother
gave him concentrated infant formula without any liquid added. His
father was abusive towards his mother and prevented her from
purchasing food, diapers and other necessities.
They frequently
fought and argued until he left them when Dennis was five years old.
He was never able to progress in school. In his first year of
kindergarten, he missed 31 days out of 60 days and was withdrawn in
February. Similar absences were noted the next year when he was
again placed in kindergarten. He later repeated the first grade, and
after that was placed in third grade but the absences continued. He
missed 34 days and failed third grade.
The next year he missed 71
days. His absences became worse as time went on. As a seventh grader,
prior to his placement in foster care, he had missed 122 days. His
mother nor school officials took substantial action to correct the
problem. During these crucial years, Dennis was simply absent from
his education through no fault of his own. He was frequently left
alone with no one to take responsibility for him.
Dennis was finally removed from his neglectful
home by the Children Services Board when he was 15 years old. He was
placed in foster care for the next three years. He developed a
loving relationship with his foster mother. Within her home he met
her expectations, but the damage of his past could not be undone
according to two psychologists. It was too little too late.
Psychologist James Brown testified at Dennis’ trial as to the lack
of parenting in his life. Patterns of behavior were set and it was
too late. His problems needed to be addressed by the age of five or
six and they were not. Psychologist, Sandra McPherson, in her
evaluation of Dennis for his post-conviction proceedings, suggested
that Dennis most likely suffers from Attention Deficit with
Hyperactivity Disorder.
The condition was never treated which would
account for his deteriorating functioning in his adolescent and
young adult years. This made him vulnerable to the substance abuse
he encountered during his youth. Numerous warning signs of disaster
were ignored at an early age and he was not placed in foster care
until he was fifteen years old. Dr. McPherson concluded it was
indeed too little too late.
Dennis was a young man whose judgment was poor
and further impaired by alcohol and drug abuse on the night of the
offense. The facts of the offense tend to show that the shooting was
an impulsive act that would never have occurred but for the lethal
combination of extreme immaturity coupled with extreme intoxication.
He now admits his guilt and accepts full moral
responsibility. In his unsworn statement at the penalty phase,
Dennis expressed remorse for the killing of Mr. Kyle. He
acknowledged that maybe no one would believe him, but he never meant
for this to happen. It is something that he lives with and thinks
about every day of his life. He can never undo what has happened,
but Dennis does take responsibility for this tragedy and expresses
his remorse.
In the interest of justice in this tragic offense,
the harsh punishment of a life sentence for an eighteen year old
offender does not diminish the seriousness of the offense; therefore
the applicant pleads for mercy and asks for a commutation of his
death sentence to a life sentence without parole eligibility.
OPPONENTS TO CLEMENCY:
Richard Kasay, Summit County Assistant Prosecutor
and Timothy Prichard and Stephen Maher, Assistant Attorney Generals
of the Ohio Attorney General’s Capital Crimes Unit represented the
State of Ohio at the hearing before the Parole Board on September
21, 2004. Arguments offered in opposition to the granting of
Executive Clemency included: The evidence overwhelmingly establishes
Dennis’s guilt.
The facts of this case clearly indicate that a
jury lawfully imposed the death penalty on Dennis, and that his
convictions and sentences had not been reversed after nearly ten
years of judicial scrutiny by every level of both the state and
federal courts. These courts have also reviewed the actions taken by
Dennis’ trial and appellate counsel and have steadfastly held that
Mr. Dennis received competent representation at every stage of the
proceedings.
Mr. Dennis was the “principal offender” in the
crimes where Aggravated Robbery was the motive and that he shot Mr.
Kyle in the head with a saw-off shotgun at point blank range. The
murder was committed as a course of conduct involving the killing or
attempt to kill two or more persons.
Mr. Dennis has never expressed “genuine” remorse
and has never accepted responsibility for his actions as he has
provided numerous versions of his involvement. His taped interview
with the Board on September 10, 2004 is a validation of his current
mindset which is similar to his criminal way of thinking at the time
of his crimes ten years ago.
Dennis has acknowledged that he was in a
leadership role with the Folks gang. He has tattoos on his chest of
the numbers 187 and 211, which are the California Penal Codes for
Homicide and Aggravated Robbery, which signify his crimes of
conviction.
He has an established prior record of juvenile
criminal conduct resulting in adjudication.
The aggravating and mitigating circumstances
surrounding the crimes were considered at trial, upheld throughout
the appellate process, and affirmed by the Ohio Supreme Court.
The victim’s mother, Doreen Kyle, and the
victim’s brother, Craig Kyle, gave statements describing their
incredible loss since the murder of the victim. Their statements
were silent as to whether the death penalty should be carried out.
Also giving a statement was the Aggravated Robbery victim, Martin
Eberhart, who gave details of the instant offense. He asks the State
to carry out the sentence. Mr. Eberhart is currently a police
officer. Curtis Sabo, a friend of Mr. Kyle, also gave an oral
statement and urged the State to carry out the death sentence.
CONCLUSION:
Adremy Dennis is scheduled to be executed on
October 13, 2004. A taped interview by the Parole Board was held at
the Mansfield Correctional Institution on Sept 10, 2004.
MAJORITY OPINION:
The Board reviewed the documents and deliberated
extensively on the information provided. The Board split in their
decision with five (5) members voting for an unfavorable
recommendation and three (3) members voting for a favorable
recommendation. Majority Opinion: The majority members of the Board
gave considerable focus to the following factors.
The evidence overwhelmingly establishes Dennis’
guilt.
Dennis continues to minimize his participation in
the crimes and lacks sincere remorse as evidenced in his most recent
taped interview with the Board. After hearing his taped interview,
the majority assessed that Dennis is of the same mindset today as
when he committed the instant offenses.
Prosecution proved during trial, the clear course
of violent conduct by Dennis, beginning with the Aggravated Robbery
and Attempted Murder of Mr. Pizer culminating in the Aggravated
Robbery and cold blooded Aggravated Murder of Mr. Kyle.
Dennis made a self-reporting statement indicating
he was a member of the Folks gang and in a leadership role. He also
acknowledged selling drugs, thereby affording him the ability to
purchase new vehicles and other expensive items.
All reviewing courts have agreed that Mr. Dennis
received proper representation at trial and during subsequent
appeals. His convictions and death sentence have been upheld after
nearly 10 years of judicial affirmation.
There was nothing presented to suggest any
manifest injustice, nor was the mitigation presented regarding his
youthful age and neglectful upbringing sufficient to outweigh the
aggravating circumstances in this case.
As such, a majority of the Ohio Parole Board
recommends that Governor Taft not grant clemency to Adremy Dennis.
DISSENTING OPINION:
The dissenting members of the Board gave
considerable focus to the following mitigating factors.
Dissenting members of the Board gave great weight
to the arguments put forward by Assistant Public Defender, Stephen
A. Ferrell. His assertions have been validated by documented
corroboration. The dissenting members of the Board concurred with
these findings, that in fact, Dennis was subjected to severe and
debilitating child neglect from birth until age fifteen when he was
finally removed from his home by Children Services Board and placed
in foster care.
Dennis’ aunts provided testimony at the Clemency
Hearing detailing the lengthy history of neglect at the hands of his
parents from infancy and throughout his young life.
Dennis’ mother also provided testimony and
offered that she did the best she could do. She gave no apology for
the effects her utter lack of parenting had on her son.
School records indicate a pattern of extreme
absenteeism from kindergarten on through middle school, resulting in
routine failing grades. The school system missed a vital opportunity
to help Dennis when they took no formal action in referring the
matter to juvenile court or to Children Services. Thusly, Ms. Dennis
was not held accountable for her disregard of her son’s academic and
social education.
Reports from two psychologists, Dr. James Brown
and Dr. Sandra McPherson corroborate the serious effects of Dennis’
childhood neglect. Dr. McPherson’s report in particular provides
significant clinical findings that he is not an antisocial or
sociopathic individual; that he can invest himself in positive
relationships and has the potential to accept authority and
structure that is imposed. Test results indicate characteristics of
Attention Deficit with Hyperactivity Syndrome and a predisposition
to drug and alcohol dependency. Dr. McPherson indicated that such
persons are likely to get into trouble with the dominant society
unless they have heroic parenting and clearly, Dennis’ parenting was
not heroic. She concluded that Dennis is capable of conforming his
conduct in the prison setting and is capable of rehabilitation such
that he can contribute positively to that structured setting.
Dennis’ age at the time of the offense presents
strong consideration for mercy. Had he committed this offense 5
months earlier, his age would have completely precluded imposition
of the death penalty. But even with the finite statutory eligibility
for the death penalty to be imposed, we recognize that his level of
maturity at the time of this offense was not very different from
what it had been five months earlier. His youthfulness must
therefore carry enormous weight in determining what sentence is
ultimately appropriate for him for this crime.
In regard to mitigating factors, the court ruled
that Dennis was entitled to appropriate appreciable weight since he
was eighteen years old at the time of the offense. The court also
found relevant in mitigation, that his only prior convictions were
two juvenile adjudications for criminal damaging and receiving
stolen property. Additionally, the court deemed that the lack of
effective guidance for Dennis during most of his life was deserving
of mitigation.
And finally the court determined that Dennis’
apparent remorse over his criminal behavior should be given modest
weight in mitigation. In spite of the court’s recognition of these
critical mitigating factors it ruled they did not outweigh the
aggravating factors. The dissenting members, with all due respect to
the court’s decision, do place considerable weight to the stated
mitigating factors and further suggest that mercy is warranted at
this point in the case.
Under Senate Bill 2, Ohio’s current sentencing
law, a jury has the option to recommend a sentence of Life without
parole. Given all the mitigation presented, one can only speculate
as to whether that may have occurred in this case had that been an
option. Absent of that as an option at sentencing, the Governor has
it within his authority to consider the option at this time.
Manifest injustice cannot be found by having
Dennis serve the rest of his life in prison. Commutation in this
regard will not demean the seriousness or the horrors of the offense.
There is no doubt he should be punished harshly for his disregard
for Mr. Kyle’s life. For an eighteen year old to serve the rest of
his life in prison is clearly harsh, yet deserving. Therefore we
respectfully recommend that the Governor Taft consider mercy and
commute Dennis’s sentence to a Life sentence without parole.
RECOMMENDATION:
Following consideration of available information, the Ohio Parole
Board, with eight (8) members participating, recommends to The
Honorable Bob Taft, Governor of the State of Ohio, by a majority
vote of five (5) to three (3) that Executive Clemency be denied in
the case of Adremy Dennis.
ProDeathPenalty.Com
Late on Saturday, June 4, and in the early
morning hours of Sunday, June 5, Adremy Dennis and Leroy Anderson
decided to go to a bar and "meet some chicks." Anderson spoke of "robbing
somebody," and the pair armed themselves with weapons: Dennis with a
sawed-off shotgun and Anderson with a .25 caliber handgun. As the
pair proceeded to the bar, the shotgun, according to Dennis,
accidentally went off. Dennis then reloaded the weapon. Before
arriving at the bar, the two smoked marijuana.
After some drinks,
Anderson and Dennis left the bar and encountered a man in an alley
near West Market Street and South Highland Avenue. The "taller one"
of the two, whom the man later identified as Dennis, was wearing a
long black leather coat and told him, "Give me your money. Don’t try
and run, don’t try and run. You are going to die tonight, you are
going to die." The victim testified that he went backwards, slid and
rolled down a hill, then ran away unharmed. He heard a gunshot "just
left of me. There was a trash can or something got hit."
That same night, Kurt Kyle had raced at Barberton
Speedway and afterwards hosted several friends and family members at
his home for a cookout and socializing. Later, as one of his guests
was leaving, Kyle walked with him to his car where the two continued
conversing for a short time. While the guest was seated in his car
talking with Kyle, they heard a loud noise, which Kyle told the
guest was a gunshot. About three minutes later, two black males
approached them in the driveway, out of the view of Kyle’s other
guests.
The man the guest later identified as Anderson was wearing a
green and orange Miami Hurricanes starter jacket, and demanded money
while pointing a gun at the guest’s neck. He slowly reached under
the car seat for his wallet and handed Anderson $15. At the same
time, Dennis, whom the guest described as wearing a long, three-quarter
length dark coat, asked Kyle for money.
However, Kyle searched
through his pockets and told Dennis that he had no money with him.
Dennis then pulled out a sawed-off shotgun and shot Kyle in the head
at point-blank range. Kyle died instantly of hypovolemic shock (loss
of blood) due to a gunshot wound that severed both carotid arteries.
According to the witness, the two assailants ran
away together "sprinting very fast." A woman who lived in the
neighborhood was out walking her dog at around 1:30 a.m. that
morning and heard a "loud pop type of sound." About a minute later,
she observed two young black males headed in the opposite direction
running by her on the other side of Bloomfield Road. She heard one
say to the other, "Did you get it?"
A few days after the murder, Akron police
received an anonymous phone call stating that someone at 371 Grand
Avenue knew about the homicide that past weekend. Detectives went to
the address, where they met Anderson's mother and told her that a
possible suspect was staying at her house. She invited the
detectives in and gave them permission to look around the house and
to speak to her son, seventeen year-old Lavar Anderson.
When the
detectives went down to the basement, they noticed a Miami
Hurricanes jacket and a long, dark overcoat hanging up in the far
corner on a bedrail. At that time, they took Anderson into custody,
and he provided detectives information about the location of the
murder weapon.
After procuring a search warrant, police seized
several items from the basement, including the two coats, a .25
caliber pearl handle handgun, a 20 gauge sawed-off shotgun, and
seven shotgun shells. Upon completing the search of Anderson’s home,
detectives received a call from two officers at 120 Burton Avenue,
which was in the same general neighborhood. The police surrounded
the house on Burton and thereafter apprehended Adremy Dennis.
At the police station, Dennis was advised of his
Miranda rights, which he waived. Dennis told several versions as to
his whereabouts on June 4-5, 1994 to detectives. After Dennis’s
second statement, the officers produced a sawed-off shotgun, which
Dennis immediately claimed was his own.
In his fourth statement to
detectives, Dennis admitted that he and Anderson had planned some
robberies that night and admitted holding up the first man they had
robbed, and Kyle and his guest. However, while Dennis admitted
aiming the sawed-off shotgun at Kyle, he also claimed the gun went
off accidentally. Dennis agreed to allow detectives to tape his
statement.
In his taped statement, Dennis said that he and Anderson
had smoked marijuana and then drank at a bar before the robberies
and murder. While Dennis admitted he fired the sawed-off shotgun
three times that night, he asserted that each shot was accidental
and that he "could barely focus" when they came upon Kyle and his
party guest. After shooting Kyle, Dennis claimed he almost fell down
and that Anderson had to help him flee the scene.
Yellow shotgun shell casings were found a few
days after the murder. One was found in the area where the first man
was accosted, the other was discovered in front of Kyle’s home. A
forensic scientist with the Bureau of Criminal Identification and
Investigation ("BCI") determined that the two casings were fired
from the sawed-off shotgun that Dennis identified as his own.
Ohio executes man who murdered for $15
By John
Nolan -
Cleveland
Plain Dealer
AP - October 13, 2004
LUCASVILLE, Ohio (AP) — A teen killer who told
the parole board that he regretted letting eyewitnesses survive was
executed Wednesday for a shotgun murder during a $15 robbery. Adremy
Dennis was put to death by injection at the Southern Ohio
Correctional Facility. His court appeals were exhausted last week,
and Gov. Bob Taft denied clemency.
Dennis was 18 when he and an accomplice tried to
rob two men outside an Akron home in 1994. One of the men gave up
$15. The other, Kurt Kyle, 29, began searching his pockets, and
Dennis shot him to death.
Dennis blamed Kyle for failing to cooperate and
notice that he was high on drugs. "I ain't saying it's all his fault,
but why did he move?" Dennis said from death row. "Every day I think
about that. It ain't 'Why did you kill that man?' It's 'Why did you
move?'" He told the parole board that he would not have left
eyewitnesses "if my mind had been right at the time."
Kyle's friend who was robbed that night, Martin
Eberhart, witnessed the execution. "The punishment fit the crime,
and justice has been served," he said.
Dennis' accomplice, Leroy Lamar Anderson, was 17
at the time of the crime and Ohio law prohibits the death penalty
for those younger than 18. He is serving a life sentence.
At age 28, Dennis was the youngest inmate put to
death in Ohio since 1962, and his execution was the 15th since the
state resumed using the death penalty in 1999.
National
Coalition to Abolish the Death Penalty
Adremy Dennis - Ohio - October 13, 2004
The State of Ohio is scheduled to execute Adremy
Dennis, an African-American man, Oct. 13. for the murder of Kurt
Kyle in Summit County.
According to the state, Dennis and an accomplice
robbed Marty Eberhart and Kurt Kyle at gun point at approximately
1:30 a.m. The state alleges that Dennis intentionally shot Kyle
after the victim failed to give anything of substance to the
defendant. Dennis admits that he shot the victim but maintains the
shooting was accidental. He was under the influence of alcohol at
the time of the crime as well as possibly during his interrogation.
The defense claimed on appeal that his altered state prevented him
from being fully aware of his actions.
Several problems with the original trial were
presented upon appeal of Mr. Dennis’s conviction to the Court of
Appeals in Ohio including the specific exclusion of minority voters
from the jury pool as well as the specific exclusion of members of
the jury pool who had reservations about the death penalty.
Unfortunately, as is common in cases involving the death penalty,
there is a question of ineffective counsel. During the initial
criminal trial, the counsel to the defendant did not raise
objections to the challenging of two potential African-American
jurors until after the jury had been sworn in. Essentially, the
motion was too late to be considered effective.
In addition to the various mitigating factors
presented during the trial, there are other valid reasons not to
execute Dennis. Dennis was the unfortunate recipient of ineffective
parenting. According to Dr. Brown, a psychologist who testified on
his behalf, stated Dennis lacked effective “parenting” until the age
of 15. Adremy’s abusive father left when he was only five years old
and he and his brother were removed from his mother’s care when he
was 13. After staying in various homes he was eventually placed in a
foster home at the age of 15. Dr. Brown also conducted an IQ testing
showing Dennis at only three percentage points above what is
considered to mentally retarded.
Supporters of Dennis point to other problems with
the trial involving the jury. They maintain four jurors did not
agree with or were undecided with imposing a death sentence. However,
they were reportedly pushed to proceed. One jurist did not reveal
she had been raped and assaulted as a child. This was discovered
during the course of the trial and she was allowed to sign a wavier
that she could continue during the deliberation process.
A federal lawsuit challenging the
constitutionality of lethal injection has been filed on behalf of
Dennis and another man on Ohio’s death row. Lethal injection in Ohio
consists of using a short-term anesthetic and then administering a
paralyzing drug. This combination can combine to leave a person
conscious but paralyzed during the very painful effects of death by
suffocation and heart attack. It is for this reason that
veterinarians forbid the use of this combination of drugs for
euthanizing pets. The Ohio Public Defender’s Office is arguing that
this violates a person’s constitutional right to be free from cruel
and unusual punishment.
Please take minute to write Gov. Taft protesting
the execution of Adremy Dennis and requesting he grant Mr. Dennis
clemency.
Talking points for the Adremy Dennis Case
Ohioans to
Stop Executions
(Information
taken from the US 6th Circuit decision in December 2003 and trial
transcripts during the mitigation phase in 1994)
RACE & JURY SELECTION
We ALL have the constitutional right to an
unbiased jury of our peers. Is that what Adremy had????
Before Mr. Dennis’ trial, when potential jurors
are questioned for possible bias FOUR potential jurors were released
due to moral concerns about the death penalty – but one potential
juror, who had been a victim of a violent crime, was allowed to stay.
Defense attorneys are particularly concerned that the prosecutors
used their “peremptory challenge” [the ability to remove any
potential juror without cause] to remove 2 African American
potential jurors. Mr. Dennis is African American the man he is
accused of murdering is white.
Why is this troubling????? Of the 209 death row
inmates in Ohio, 106 are African American, of those, 49 are
imprisoned for murdering a white person. [Ohio Public Defender] Even
though blacks and whites are murder victims in nearly equal numbers
of crimes, 80% of people executed since the death penalty was
reinstated have been executed for murders involving white victims.
More than 20% of black defendants who have been executed were
convicted by all-white juries. [Death Penalty Information Center]
In a recent law symposium on race and execution
the following was reported: “Race-of-victim discrimination remains a
significant factor in sentencing; defendants with white victims are
at a significantly higher risk of being sentenced to death and
executed than are defendants whose victims are black, Asian or
Hispanic” Baldus and Woodworth
“With respect to jury composition, the Project
found that death sentences were more than twice as common with 5 or
more white male jurors, as compared to those with four or fewer.
Death sentences were far less common in cases with one or more
African-American male jurors, as compared to those with no black
male jurors….. whites were seven times more likely than blacks to
vote for death.” Bowers, Sandys and Brewer “The study found that
white jurors of both genders are much less receptive to mitigating
evidence than black jurors……black male jurors were significantly
more likely than others to imagine themselves in the situation of
the defendant’s family.” Bowers, Sandys and Brewer “Jurors who are
not African American have difficulty empathizing with African
American social histories.” Haney
AGE ~ DEVELOPMENT ~ MODELING ~ JUDGMENT
ALL CHILDREN DESERVE A CHANCE ~ Did Adremy receive his?
[From the testimony of Dr. James L. Brown,
clinical psychologist]
Family situation: “Lack of meaningful
relationship, lack of meaningful parental relationship up to the age
of 15… this is particularly disastrous when people are growing up in
environments that are characterized by high crime levels, antisocial
life-styles. Folks tend to spiral downward without adequate
parenting or intervention. They spiral downward to groups of peers
that essentially reinforces this lifestyle, peers that are into drug
abuse, drug trafficking, other criminal activity, and once you get
people into the environment, it’s very difficult to get them out.”
Note: Adremy’s father left the household when
Adremy was 5, Adremy and his brother were removed from his mother’s
care at ages 13 and 10, after staying at various homes, Adremy was
placed in a foster home at age 15, he remained there until arrest.
Age / Development: [Adremy] was devoid of any
effective parenting up until around age 15 – Adremy was 18 at the
time of the crime – he is currently 28. Judgment: At the time of the
offense Adremy was fairly severely intoxicated: 10 cigars of
marijuana dipped in embalming fluid, 40's, Olde English, St. Ides,
and Tanqueray.
REMORSE
Is the death penalty in this case an example of
revenge not justice?
Adremy took the stand at his trial: “I was drunk
and nervous and scared and the gun went off and I ran…. I realize
that I took something that nobody could replace and I’m sorry for
that. I never meant for this to happen. I’m sorry for his family. …
I never meant this, this wasn’t part of the plan.”
If Adremy Dennis is executed he will be the 7th
man executed by the state of Ohio in 2004. [The only state with more
executions than OH in 2004 is Texas.] Adremy could be the 15th man
executed by the state since executions resumed in 1999.
Ohio executes man for killing in robbery that
brought $15
Dayton
Daily News
October 13, 2004
LUCASVILLE | A man was executed Wednesday for a
shotgun slaying during a robbery that netted $15 in 1994.
At age 28, Adremy Dennis was the youngest inmate
put to death in Ohio since 1962 and the 15th executed since the
state resumed using the death penalty in 1999.
He was pronounced dead by injection at 10:10 a.m.
at the Southern Ohio Correctional Facility.
Dennis had said the victim, Kurt Kyle, 29, was
partly to blame for the slaying because he put his hand in his
pocket after being ordered not to move. He also told an Ohio Parole
Board member that he regretted the robbery brought so little cash
and that he allowed any witnesses to survive.
''I'm in God's hands now. Everything's going to
be just the way it was intended. I'll see everybody when they get
there,'' Dennis said when allowed to make a final statement.
Defense lawyers said all appeals were exhausted
when the 6th U.S. Circuit Court of Appeals in Cincinnati rejected a
request last week to postpone the execution for Dennis' challenge
that Ohio's method of lethal injection violates the U.S.
Constitution as an unacceptably cruel punishment.
Gov. Bob Taft followed the state parole board's
split recommendation Tuesday and denied clemency, saying Dennis did
not prove he was remorseful.
Dennis and an accomplice approached Kyle and a
friend in front of Kyle's home in Akron. Kyle, a stock race car
driver, was celebrating a victory at Barberton Speedway.
The friend, Martin Eberhart, handed over $15 at
gunpoint. Kyle searched his pockets, prompting Dennis to shoot him.
''I ain't saying it's all his fault, but why did
he move?'' Dennis said in a death row interview. ''Every day I think
about that. It ain't 'Why did you kill that man?' It's 'Why did you
move?' ''
Dennis also blamed Kyle for not cooperating in
the robbery when he should have noticed that Dennis was high on
drugs and alcohol.
''(Kyle) had to know I was drunk. I know he could
smell it on my breath, smell the weed lingering on my clothes,''
Dennis said.
A Summit County jury convicted him of aggravated
murder, attempted aggravated murder, aggravated robbery and unlawful
possession of a gun.
Eberhart survived. Dennis' accomplice, Leroy
Lamar Anderson, who was 17 at the time, is serving a life sentence.
Ohio prohibits the death penalty for defendants younger than age 18.
Dennis' mother, Marquita, sobbed while witnessing
the execution and was comforted by her aunt.
Dennis talked about family memories in his cell
before the execution with his mother and great-aunt, prisons
spokeswoman Andrea Dean said. Dennis wrote letters to two imprisoned
brothers, smoked cigarettes and talked with spiritual advisers about
his Christian faith, she said. He prayed at his bedside Tuesday
night.
Three friends of Kyle's also planned to watch the
execution, Dean said.
Dennis skipped his final breakfast Wednesday
after the special meal he requested Tuesday of fried catfish,
lasagna, toasted garlic bread, vanilla ice cream and pecan, pumpkin
and sweet potato pie with whipped cream.
Ohio Executes Killer in $15 Robbery
Reuters News
Oct 13, 2004
CINCINNATI (Reuters) - A man convicted of murder
during a $15 robbery a decade ago was executed in Ohio on Wednesday,
the seventh in the state this year. Adremy Dennis, 28, was
pronounced dead at 10:10 a.m. EDT at the state prison in Lucasville,
Ohio, following an injection of lethal chemicals, prison officials
said.
His was the 935th execution in the United States
since the death penalty was restored in 1976. Ohio Gob. Bob Taft had
denied clemency the day before, saying the case had been thoroughly
reviewed and the crime was brutal.
Dennis was convicted of aggravated murder for
killing Kurt Kyle with a sawed-off shotgun after encountering Kyle
and a companion in a driveway in Akron, Ohio. He took $15 from the
companion but killed Kyle when he said he had no money, police said.
Dennis was 18 when the crime occurred in June 1994.
Prison spokeswoman Andrea Dean said Dennis was
allowed a special meal the evening before his execution -- fried
catfish, lasagna with meat sauce, garlic bread, sweet potato pie,
pecan pie and pumpkin pie, all with whipped cream, as well as
vanilla and chocolate ice cream.
Last day dawning for killer of racer
Akron
murderer Adremy Dennis has special dinner, visits relatives and
awaits lethal injection today
By Phil Trexler -
Akron
Beacon-Journal
October 13, 2004
LUCASVILLE - With no hope in sight to ward off
his death, condemned killer Adremy Dennis joyfully munched on pie
and ice cream as he watched Jerry Springer from Ohio's death house.
By 10:15 this morning, Dennis will likely be dead.
His three public defenders said Tuesday night
that there are no viable legal measures to stop the execution. Gov.
Bob Taft denied Dennis' request for clemency, issuing his decision
Tuesday afternoon, about 20 hours before the scheduled execution.
Taft said in a statement, ``Mr. Dennis fails to express remorse for
these terrible crimes and, instead, points to the inadequacy of his
legal representation.'' But, Taft added, ``every court has concluded
that he received a fair trial and proper legal representation, and
that the aggravating circumstances of his crimes outweigh any
mitigating factors presented.''
The governor was apparently the Akron man's last
hope. His attorneys do not intend to file any last-minute court
papers. ``I would say (the execution) is going to happen,'' said
Stephen Farrell, an assistant public defender. Dennis was sentenced
to die in 1994 for the robbery and murder of Akron businessman Kurt
Kyle, 29.
Dennis, 28, arrived at the Southern Ohio
Correctional Facility in Lucasville about 10 a.m. Tuesday and was
given a medical and psychological exam. He also ordered his last ``special''
meal, a treat Dennis promised would be ``outrageous'' during a media
interview last week. The menu included fried catfish, lasagna, sweet
potato pie, pecan pie, pumpkin pie, all with whipped cream, and
vanilla ice cream. He refused any vegetables.
Visiting with relatives
During the afternoon, Dennis drank juice and 7-Up
and smoked Newports while watching TV and visiting with family,
according to prison spokeswoman Andrea Dean. His mother, stepmother,
three aunts and several cousins were expected to visit him. No
attorneys were expected to visit until this morning.
Dean said Dennis was ``actually in a jovial mood,
almost giddy, you could say.'' ``He seems resigned to what's going
to happen (today),'' she said to the only two reporters who attended
a press briefing Tuesday afternoon. Dennis will remain in the death
house until he is escorted to the execution chamber, where he can
give a last statement before he is given drugs to stop his heart and
breathing. His mother, Marquita Dennis, and aunt, Querita St. Andre,
are scheduled to witness the death.
Kyle's parents, Howard, 65, and Doreen Kyle, 64,
and their only son, Craig, will not attend the execution. The family
said last month that they preferred to remain at their Columbiana
home. In their place are three of Kurt Kyle's friends, Curtis Sabo,
Daniel Briceland and Martin Eberhart, 29, who was seated in a car
next to Kyle when Dennis fired the single, fatal shot.
Dennis stands to be the youngest inmate executed
in Ohio since 1962. He will be the 15th executed since Ohio resumed
the death penalty in 1999 and the seventh executed this year.
He was 18 when he and his childhood friend, Leroy
Levar Anderson, 17, confronted and tried to rob Kyle and Eberhart,
who had been joined by family and friends during a cookout in June
1994 at Kyle's Bloomfield Avenue home. Earlier that day, Kyle, a
race car enthusiast, had won his first pursuit race at Barberton
Speedway. In the driveway of the home and at gunpoint, Eberhart
surrendered $15 to Anderson. Kyle, whose wallet was inside his home,
was shot by Dennis at near point-blank range with a sawed-off, 20-gauge
shotgun. Dennis and Anderson confessed to the crimes days later.
Anderson was not eligible for the death penalty because he was a
minor. He received a life sentence.
Childhood neglect
At Dennis' clemency hearing last month, his
public defenders argued that the Akron man's abusive and neglectful
childhood and his young age at the time of the killing were reasons
for mercy. Prosecutors argued the crime was heinous and random and
that Dennis has shown no remorse for the slaying. The board was
sharply split, voting 5-3 against recommending clemency.
In an interview last week from death row at the
Mansfield Correctional Institution, Dennis said he didn't think Taft
would commute his sentence to life in prison. Taft has never gone
against the recommendations of the Ohio Parole Board in considering
15 previous requests. Only once have the board and Taft agreed to
grant clemency to an inmate scheduled for execution. ``I don't
really care. I don't,'' Dennis said. ``I doubt he will but I can't
predict the future.''
His last legal battle was lost last week when the
6th U.S. Circuit Court of Appeals in Cincinnati denied a request for
a preliminary injunction that would have given Dennis a stay based
on a lawsuit he filed earlier this year. The suit claims Ohio's
method of execution constitutes cruel and unusual punishment. Death
penalty opponents contend one of three drugs used in executions
could merely paralyze an inmate and not render the inmate
unconscious, as designed.
Dennis said last week he held no hope for
intervention. ``What is hope? It's just another word people use. I
don't even know what it is.''
Man on death row says killing not
intended
Akron Beacon-Journal
October 11, 2004
MANSFIELD (AP) -- The way Adremy Dennis sees it,
he is being executed over a mere $15, and the robbery victim is
partially to blame for his own death. "I told this man 'Don't move,'
" Dennis said during a pool interview Oct. 4 from death row at
Mansfield Correctional Institution. "I ain't saying it's all his
fault, but why did he move? Every day I think about that. It ain't 'Why
did you kill that man?' It's 'Why did you move?' "
Dennis is scheduled to be executed by injection
Wednesday for killing Kurt Kyle, 29, of Akron during a robbery 10
years ago. Dennis, 28, would be the youngest inmate put to death in
Ohio since 1962. During a Sept. 10 interview with a member of the
Ohio Parole Board, Dennis said he regretted the robbery netted so
little cash. "I'm about to get (profanity) killed over $15," he said.
Dennis, of Akron insists the killing with a
20-gauge sawed off shotgun was not planned and he couldn't think
straight because he was under the influence of drugs and alcohol.
"(Kyle) had to know I was drunk. I know he could smell it on my
breath, smell the weed lingering on my clothes. If I come up to you
and tell you don't move, you're like this (still)," he said at the
Mansfield prison.
He told the parole board member he had expected
to be found guilty of involuntary manslaughter. Instead a Summit
County Common Pleas jury convicted him of aggravated murder,
attempted aggravated murder, aggravated robbery and unlawful
possession of a gun. "If my intent was to kill this man, like if
they say we was out looking for any old Joe to rob, well that's (profanity),"
Dennis said.
The board voted 5-3 that Gov. Bob Taft deny
clemency for Dennis. The dissenting members said Taft should
consider clemency, citing Dennis' age at the time of the killing --
18-- and a troubled childhood. The majority said no evidence of
injustice or his age and upbringing warranted clemency. Taft has not
made a clemency decision yet. He can allow the execution to proceed
or reduce Dennis' sentence. He has commuted the sentence of one
inmate since Ohio resumed carrying out the death penalty in 1999.
Dennis would be the 15th inmate to be executed during that period.
Dennis has exhausted his procedural appeals. But
he has a lawsuit pending against the state that claims the
lethal-injection process in Ohio is unconstitutional.
Prosecutors said during the early morning of June
5, 1994, Dennis and Leroy Lamar Anderson tried to rob a man on an
Akron inner-city street, but the man ran away. A short time later,
Dennis and Anderson approached Kyle and Martin Eberhart in front of
Kyle's home. Kyle, a stock race car driver, was celebrating a
victory at Barberton Speedway.
Prosecutors said Anderson demanded money while
pointing a gun at Eberhart's neck. Eberhart handed over $15, and
while Kyle searched his pockets, Dennis shot him in the head.
Anderson, who was 17 at the time, is serving a life sentence. Ohio
prohibits the death penalty for defendants younger than 18.
"He ratted and he got the better deal," Dennis
said of Anderson's sentence. Dennis also spoke about allowing
witnesses to survive. "If my mind would have been right at the time,
and if I would've made my mind up, then c'mon man, it wouldn't have
been no eyewitness to that," he told parole board member James Bedra,
who voted to grant clemency. "Everybody where I'm from know that you
don't leave no eyewitness."
Marquita Dennis, 49, said she visited her son in
prison recently and he expressed remorse for Kyle's death. "He told
me it was an accident, and I believe it," she said.
But attorneys for the state and members of Kyle's
family have said evidence showed the shooting was not an accident
and he has shown no remorse for his crime.
Dennis' aunt, Querida St. Andre, 54, of
Charleston, S.C., said her nephew had a difficult life from the time
he was an infant, including a near drowning as a teenager. Dennis
told authorities he was never married but has four children.
State v. Dennis,
Not Reported in N.E.2d, (Ohio App. 9 Dist. 1997). (Direct Appeal)
BAIRD, J.
This cause was heard upon the record in the trial court. Each error
assigned has been reviewed and the following disposition is made:
At approximately 1:30 a.m. on June 5, 1994, the
Petitioner, Adremy Dennis, and his companion, Lavar Anderson robbed
Marty Eberhart and Kurt Kyle at gunpoint. Earlier that evening, the
pair attempted to rob Dean Pizer and told him he was going to die.
Pizer was able to get away. As he escaped, Pizer heard a gunshot to
the left of him. A shotgun shell was recovered from the area a few
days later. During the robbery of Kyle and Eberhart, Dennis pointed
a sawed-off shotgun at Kurt Kyle and shot him in the head at point
blank range. Kyle died instantly. The robbery netted the pair
fifteen dollars. A shotgun shell was found in front of Kyle's
residence. Both shells were fired from a saw-off shotgun retrieved
from Anderson's residence.
Dennis was indicted by a grand jury for
aggravated murder (R.C. 2903.01(B)) with two death specifications (R.C.
2929.04(A)(7) and (A)(5)) and a firearm specification (R.C.
2941.141), attempted aggravated murder (R.C. 2903.01(B) and 2923.02)
with a firearm specification, three counts of aggravated robbery (R.C.
2911.01(A)(1)), all with a firearm specification, and unlawful
possession of a dangerous ordnance (R.C. 2923.17) with a firearm
specification and a specification for causing physical harm or
actually threatening to cause harm to a person with a deadly weapon
(R.C. 2941.143.) A Summit County jury found Dennis guilty on all
counts and specifications and recommended the death sentence for the
aggravated murder of Kurt Kyle. On December 29, 1994, the Summit
County Court of Common Pleas sentenced Adremy Dennis to death. [FN1]
FN1. Dennis was also sentenced to ten to twenty-five
years on count two, plus three years for the gun specification, to
run concurrently with the sentences on counts one and two; ten to
twenty-five years on count three, plus three years for the gun
specification, to run concurrently with the sentences on counts one
and two; ten to twenty-five years on count four, plus three years
for the gun specification, to run concurrently with the sentences on
counts one and two; ten to twenty-five years on count five, plus
three years for the gun specification, to run concurrently with the
sentences on counts one and two; ten to twenty-five years on count
five, plus three years for the gun specification, to run
concurrently with the sentence on count two; and three to five years
on count six, to run consecutively to the sentences on counts one,
two, and four.
Dennis appealed to this court. On May 8, 1996, we
affirmed his conviction and sentence of death. State v. Dennis (May
8, 1996), Summit App. No. 17156, unreported. Dennis appealed to the
Supreme Court of Ohio, which affirmed our decision on September 24,
1997 in State v. Dennis (1997), 79 Ohio St.3d 421, 683 N.E.2d 1096.
On September 20, 1996, Dennis filed a timely
petition to vacate or set aside sentence in the Summit County Court
of Common Pleas. The petition asserted thirty-two claims for relief.
The state responded to Dennis' petition, asserting that all of the
claims raised by Dennis were or could have been raised at trial and
were barred by the doctrine of res judicata. The trial court denied
Dennis' petition and request for an evidentiary hearing on February
11, 1997. Dennis appeals, assigning six errors.
* * * *
The judgment of the trial court is affirmed.
State v. Dennis,
683 N.E.2d 1096 (Ohio 1997)
Defendant was convicted upon jury verdict in the
Court of Common Pleas, Summit County, of aggravated murder,
attempted aggravated murder, and aggravated robbery, and was
sentenced to death. Defendant appealed. The Court of Appeals
affirmed, and defendant appealed. The Supreme Court, Alice Robie
Resnick, J., held that: (1) defendant made knowing, voluntary, and
intelligent waiver of his Miranda rights; (2) defendant lacked
standing to object to search warrant or subsequent search of home in
which accomplice lived; (3) prosecutor's use of peremptory
challenges to exclude prospective jurors who expressed reservations
about death penalty was race-neutral; (4) sufficient evidence
supported conviction for attempted aggravated murder charge and
course of conduct specification; (5) court did not err by allowing
victim-impact testimony of victim's brother and mother during
penalty phase; (6) defendant was not denied effective assistance of
counsel during voir dire and penalty phase; and (7) imposition of
death penalty was appropriate and proportionate when compared with
similar cases. Affirmed.
During the early morning hours of June 5, 1994,
defendant-appellant, Adremy L. Dennis, and Leroy "Lavar" Anderson
stopped Dean R. Pizer in the Highland Square area of Akron and
demanded money. Pizer escaped, even though a shotgun blast was fired
at him as he fled. Shortly thereafter, Dennis shot and killed Kurt
O. Kyle during a robbery in front of Kyle's home at 818 Bloomfield
Road. Dennis later admitted he shot Kyle during a robbery, and he
was subsequently convicted of aggravated murder, attempted
aggravated murder and aggravated robbery, and sentenced to death.
Late on Saturday, June 4, and in the early
morning hours of Sunday, June 5, Dennis and Anderson decided to go
to a bar and "meet some chicks." Anderson spoke of "robbing somebody,"
and the pair armed themselves with weapons: Dennis with a sawed-off
shotgun and Anderson with a .25 caliber handgun. As the pair
proceeded to the bar, the shotgun, according to Dennis, accidentally
went off. Dennis then reloaded the weapon. Before arriving at the
bar, the two smoked marijuana.
After some drinks, Anderson and Dennis left the
bar and encountered Dean Pizer in an alley near West Market Street
and South Highland Avenue. The "taller one" of the two, whom Pizer
identified as Dennis, was wearing a long black leather coat and told
Pizer, "Give me your money. * * * Don't try and run, don't try and
run. You are going to die tonight, you are going to die." Pizer
testified that he went backwards, slid and rolled down a hill, then
ran away unharmed. He heard a gunshot "just left of me. There was a
trash can or something got hit * * *."
That same night, Kurt Kyle had raced at Barberton
Speedway and afterwards hosted several friends and family members at
his home for a cookout and socializing. Later, as one of his guests,
Martin Eberhart, was leaving, Kyle walked with him to his car where
the two continued conversing for a short time. While Eberhart was
seated in his car talking with Kyle, they heard a loud noise, which
Kyle told Eberhart was a gunshot. About three minutes later, two
black males approached them in the driveway, out of the view of
Kyle's other guests. The man Eberhart identified as Anderson was
wearing a green and orange Miami Hurricanes Starter jacket, and
demanded money while pointing a gun at Eberhart's neck. Eberhart
slowly reached under the car seat for his wallet and handed Anderson
$15.
At the same time, Dennis, whom Eberhart described
as wearing a long, three-quarter-length dark coat, asked Kyle for
money. However, Kyle searched through his pockets and told Dennis
that he had no money with him. Dennis then pulled out a sawed-off
shotgun and shot Kyle in the head at point-blank range. Kyle died
instantly of hypovolemic shock (loss of blood) due to a gunshot
wound that severed both carotid arteries. According to Eberhart, the
two assailants ran away together "sprinting very fast."
Anita Foraker, who lived in the neighborhood, was
out walking her dog at around 1:30 a.m. that morning and heard a
"loud pop type of sound." About a minute later, she observed two
young black males headed in the opposite direction running by her on
the other side of Bloomfield Road. She heard one say to the other,
"Did you get it?"
A few days after the murder, Akron police
received an anonymous phone call stating that someone at 371 Grand
Avenue knew about the homicide that past weekend. Detective Donald
L. Gaines and another detective went to the address, where they met
Shirley Morgan and told her that a possible suspect was staying at
her house.
Morgan invited the detectives in and gave them permission
to look around the house and to speak to her son, seventeen-year-old
Lavar Anderson. When the detectives went down to the basement, they
noticed a Miami Hurricanes jacket and a long, dark overcoat hanging
up in the far corner on a bedrail. At that time, they took Anderson
into custody, and he provided detectives information about the
location of the murder weapon.
After procuring a search warrant, police seized
several items from Morgan's basement, including the two coats, a .25
caliber pearl handle handgun, a 20 gauge sawed-off shotgun, and
seven shotgun shells.
Upon completing the search of Morgan's home,
Gaines received a call from two officers at 120 Burton Avenue, which
was in the same general neighborhood. The police surrounded the
house on Burton and thereafter apprehended Adremy Dennis. At the
police station, Dennis was advised of his Miranda rights, which he
waived.
Dennis told several versions as to his whereabouts on June
4-5, 1994 to Detectives Gaines, Lacy, and Offret. After Dennis's
second statement, Gaines produced a sawed-off shotgun, which Dennis
immediately claimed was his own. In his fourth statement to
detectives, Dennis admitted that he and Anderson had planned some
robberies that night and admitted holding up Pizer, Eberhart and
Kyle. However, while Dennis admitted aiming the sawed-off shotgun at
Kyle, he also claimed the gun went off accidentally. Dennis agreed
to allow detectives to tape his statement.
In his taped statement, Dennis said that he and
Anderson had smoked marijuana and then drank at a bar before the
robberies and murder. While Dennis admitted he fired the sawed-off
shotgun three times that night, he asserted that each shot was
accidental and that he "could barely focus" when they came upon Kyle
and Eberhart. After shooting Kyle, Dennis claimed he almost fell
down and that Anderson had to help him flee the scene.
Yellow shotgun shell casings were found a few
days after the murder. One was found in the area where Pizer was
accosted, the other was discovered in front of Kyle's home. Nancy E.
Bulger, a forensic scientist with the Bureau of Criminal
Identification and Investigation ("BCI"), determined that the two
casings were fired from the sawed-off shotgun that Dennis identified
as his own.
The grand jury indicted Dennis on one count of
aggravated murder, one count of attempted murder, three counts of
aggravated robbery, and one count of possession of dangerous
ordnance. All of the counts carried a firearms specification, and
the dangerous ordnance charge also carried a physical-harm
specification. The aggravated murder count also carried two death
specifications: murder during an aggravated robbery, where Dennis
was the principal offender (R.C. 2929.04[A][7] ); and murder
committed as a course of conduct involving the killing or attempt to
kill two or more persons (R.C. 2929.04[A][5] ).
A jury trial commenced December 12, 1994. After
deliberation, the jury found Dennis guilty as charged. During the
mitigation hearing, several witnesses testified on Dennis's behalf,
including an aunt on his mother's side, his foster mother, and a
psychologist, Dr. James L. Brown. Dr. Brown concluded that he found
at least three factors militating against imposing the death penalty
on Dennis: (1) Dennis's development--he lacked effective "parenting"
until he was about fifteen years old; (2) Dennis's intoxication at
the time of the offense, due to consuming alcohol and smoking
marijuana dipped in embalming fluid, which further impaired his
judgment; and (3) Dennis's youth.
Dennis gave unsworn testimony and claimed that he
didn't intend to shoot Kyle, and that he "was drunk and nervous and
scared and the gun went off and I ran." Dennis expressed remorse for
what he had done and stated that he was sorry for what he had done
to the Kyle family. The parties stipulated that Dennis has no adult
criminal record and only two juvenile adjudications: criminal
damaging and receiving stolen property.
The jury recommended the death penalty, and the
trial court imposed a death sentence on Dennis. The court also
imposed consecutive and concurrent sentences for Dennis's other
offenses. Upon appeal, the court of appeals affirmed the convictions
and sentence of death. The cause is now before this court upon an
appeal as of right.
* * * *
At trial, Pizer testified that Dennis and another
individual accosted him with guns when he was in the Highland Square
area on the night or early morning hours of June 4-5, 1994. Dennis
did most of the talking, and asked Pizer for his money. Then, Dennis
told him, "Don't try and run, don't try and run. You are going to
die tonight, you are going to die." When Pizer fled the scene, he "heard
a gunshot just left of me. There was a trash can or something got
hit."
In his recorded statement, Dennis admitted that
he and Anderson held up a man near the bar in Highland Square.
Dennis stated that when the victim took off running, "I got the
gauge [shotgun] out and * * * shot it again." One witness testified
that two days after the shooting, he found a yellow shotgun shell on
the sidewalk near the bar in the Highland Square area. The shotgun
shell was determined to have been fired from the murder weapon.
Construing this evidence in a light most
favorable to the state, a rational factfinder could have found the
essential elements of the attempted aggravated murder charge and
course-of-conduct specification proven beyond a reasonable doubt.
Therefore, we overrule Proposition of Law No. 11.
* * * *
Independent Review and Proportionality Analysis
After independent assessment, we find that the
evidence supports beyond a reasonable doubt the aggravating
circumstance that Dennis murdered Kurt Kyle while committing
aggravated robbery and that Dennis was the principal offender. R.C.
2929.04(A)(7). In addition, the evidence supports beyond a
reasonable doubt the aggravating circumstance that Dennis attempted
to kill Pizer before murdering Kyle as part of a course of conduct
involving the purposeful killing or attempt to kill two or more
persons. R.C. 2929.04(A)(5).
Nothing in the nature and circumstances of the
offense appears mitigating. Dennis and Lavar Anderson decided to go
out on a robbery spree armed with guns. Perhaps to help them summon
up the courage to do so, the pair smoked marijuana and drank at a
bar before encountering their first victim, Dean Pizer. Dennis told
Pizer, "You are going to die tonight, * * *," and tried to kill
Pizer when he fled. Minutes later, Dennis and Anderson held up Kyle
and Eberhart in Kyle's driveway. Eberhart handed money over to
Anderson, but Kyle told Dennis he didn't have any money on him.
Before Kyle could even get his hand out of his pocket, Dennis raised
his shotgun and fired, at point-blank range, a blast at Kyle's head,
killing him instantly. Dennis and Anderson fled the scene and were
not apprehended until several days later, when the police acted on
an anonymous tip. Dennis's claim that he was so intoxicated he could
barely stand or walk that evening lacks credibility in view of all
the evidence and testimony adduced and proffered at trial.
Dennis's history, character, and background
indicate some mitigating features. Dennis's mother was nineteen when
he was born, and his parents experienced marital difficulties from
the time Dennis was three weeks old. The problems with the marriage
culminated in the parents' separating when Dennis was five to six
years old. In school, Dennis had a history of limited academic
success, and his numerous absences and academic difficulties caused
him to repeat both kindergarten and first grade. In later grades,
Dennis continued to miss many days of school and failed most
subjects.
When Dennis became a teenager, his home situation
grew worse. Dennis's mother became a person who was "just not caring"
about anything with her two children. All of the utilities at home
were shut off. As a result, the county children services board
("CSB") took the Dennis children from the mother, and Dennis was
eventually placed in a foster home. Dennis suffered a coma as the
result of a swimming accident during the summer of 1992 and almost
drowned.
As Dennis approached adulthood, he completed an independent
living program operated by the CSB. Dennis later asked the CSB about
the Job Corps, and in February 1994, he went to Edinburg, Indiana,
to obtain job training and earn his G.E.D., which he did. Dennis
returned to his foster home in Akron in April 1994, and the CSB
requested termination of his long-term foster care, since he had
reached the age of majority.
During the mitigation hearing, Dennis gave
unsworn testimony describing the events leading up to and including
the robberies and murder. Dennis expressed remorse and sorrow for
Kyle's family and claimed he never meant to kill Kyle. Dr. James L.
Brown, a clinical and forensic psychologist, also testified on
Dennis's behalf. Dr. Brown reviewed Dennis's school and medical
records and interviewed Dennis, his aunt and foster mother.
In addition, Dr. Brown reviewed Dennis's psychosocial history and gave
him the Minnesota Multiphasic Personality Inventory. Dr. Brown
opined that Dennis had difficulties with social and interpersonal
relationships and that he tended towards antisocial activities.
Dennis has exceedingly poor judgment and great difficulty learning
from experience. Typically, Dennis would view emotional feelings as
a weakness and would therefore tend to put on a strong, uncaring
facade.
In Dr. Brown's opinion, three factors should
mitigate against imposing death on Dennis: (1) He lacked any
effective "parenting" until around age fifteen; (2) he was
intoxicated at the time of the offense, due to drinking alcohol and
smoking marijuana dipped in embalming fluid to intensify its effect;
and (3) he was only eighteen at the time of the offense. Dr. Brown
stated that Dennis has an I.Q. of 86, which would put him in the low
average range of intelligence. However, Dr. Brown conceded that
Dennis knew right from wrong. Dr. Brown did not testify that
Dennis's developmental problems gave rise to any mental disease or
defect.
With regard to the statutory mitigating factors,
R.C. 2929.04(B)(4) is entitled to appropriate appreciable weight in
mitigation, since Dennis was eighteen years old at the time of the
offense.R.C. 2929.04(B)(5) is also relevant since his only prior
convictions were two juvenile adjudications for criminal damaging
and receiving stolen property. While Dennis admitted using marijuana,
he had never been charged with a drug offense.
Under R.C. 2929.04(B)(7), several facts testified
to by Dr. Brown are mitigating, such as the lack of any effective
guidance for Dennis during most of his life, resulting in antisocial
psychological tendencies. In addition, Dennis's apparent remorse
over his criminal behavior should be given modest weight in
mitigation. However, we assign no mitigating weight to Dennis's
voluntary drunkenness and marijuana intoxication. See Slagle, 65
Ohio St.3d at 614, 605 N.E.2d at 931. Voluntary intoxication can
constitute a "weak" mitigating factor, but only in certain
circumstances. D'Ambrosio, 73 Ohio St.3d at 145, 652 N.E.2d at 714.
Upon independent weighing, we conclude that the
aggravating circumstances outweigh the mitigating factors beyond a
reasonable doubt. Dennis and his accomplice armed themselves and set
out to rob people on the night of June 4, 1994. Dennis's drinking
and marijuana smoking before the crimes are indicative of someone
trying to raise up the courage to follow through with his intentions.
Dennis fired his sawed-off shotgun at Pizer when Pizer fled.
Dennis
reloaded his sawed-off shotgun, showing that he was not content to
use it merely as a prop to rob money from his next victim. While
Dennis and Anderson robbed Kyle and Eberhart, Dennis fired his
weapon again when Kyle produced no money, even though Anderson
successfully robbed Eberhart at the same time. Dennis's course of
action that night was clear: if he did not obtain money from his
robbery victims, he would fire a shotgun blast their way. We hold
that in spite of the mitigating factors present in this case,
Dennis's actions in these crimes merit the capital penalty to which
he was sentenced.
We further find that the death penalty imposed in
this case is both appropriate and proportionate when compared with
similar cases of murder as a course of conduct involving the
purposeful killing or attempt to kill two or more persons. See, e.g.,
State v. Loza (1994), 71 Ohio St.3d 61, 641 N.E.2d 1082; Lundgren,
73 Ohio St.3d 474, 653 N.E.2d 304. The penalty is also appropriate
and proportionate when compared with capital cases combining
aggravated murder with aggravated robbery. See, e.g., State v. Green
(1993), 66 Ohio St.3d 141, 609 N.E.2d 1253; Lott, 51 Ohio St.3d 160,
555 N.E.2d 293. For all the foregoing reasons, the judgment of the
court of appeals is affirmed. Judgment affirmed.
Dennis v. Mitchell,
68 F.Supp.2d 863 (N.D.Ohio 1999) (Habeas).
Following affirmance of convictions for
aggravated murder, attempted aggravated murder, and aggravated
robbery and of death sentence, 683 N.E.2d 1096, petition for writ of
habeas corpus was filed. The District Court, Gwin, J., held that:
(1) Anti-Terrorism and Effective Death Penalty Act (AEDPA) applied
to petition; (2) petitioner procedurally defaulted several claims;
(3) petitioner's claim which was raised in his petition before
United States Supreme Court was not procedurally barred; (4)
limitation placed on petitioner's eligibility for evidentiary
hearing on state post-conviction review did not violate due process;
(5) failure to remove juror did not deprive petitioner of fair trial;
(6) jurors were properly excused for cause; (7) prosecutor's reasons
for using peremptory strikes were race-neutral; (8) admission of
murder victim photographs and of victim-impact testimony did not
violate due process; (9) petitioner made knowing, voluntary and
intelligent waiver of his Miranda rights; (10) supplemental
instruction which told jury to continue deliberating did not deprive
petitioner of fair trial; (11) state supreme court's decision that
petitioner was not denied effective assistance of counsel was not
based on unreasonable application of federal law so as to warrant
federal habeas relief; and (12) withholding of evidence by
prosecution was not Brady violation. Petition dismissed.
I. Factual and Procedural Background
The State of Ohio convicted Petitioner Dennis of
the murder of Kurt O. Kyle. The State alleged, and the jury found,
that on June 5, 1994, Dennis killed Kurt Kyle by shooting him in the
head with a sawed-off shotgun at point blank range. The jury further
found that Dennis killed Kyle during a robbery attempt and as part a
course of conduct involving the killing or attempt to kill two or
more persons--both death specifications under Ohio law. The jury
recommended the death penalty, and the court imposed a death
sentence on Dennis.
On the night of Kyle's murder, Dennis and a
friend, Leroy "Lavar" Anderson, went out together. At the time they
went out, they spoke of "robbing somebody." They armed themselves:
Dennis with a sawed-off shotgun and Anderson with a .25 caliber
handgun. As the pair proceeded to a bar, they smoked marijuana.
At the bar, Dennis and Anderson had a few drinks.
After leaving the bar, they encountered Pizer in an alley near West
Market Street and South Highland Avenue, in Akron, Ohio. Pizer
testified that Dennis was wearing a long black leather coat. After
approaching Pizer, Dennis told Pizer, "Give me your money..... Don't
try and run, don't try and run. You are going to die tonight, you
are going to die." Pizer moved backwards, slid and rolled down a
hill. As he ran, he heard a gunshot "just left of me. There was a
trash can or something got hit...." He then ran away unharmed.
As Dennis and Anderson were confronting Pizer,
Kurt Kyle hosted a cookout at his home. Later, Kyle escorted a
departing guest, Martin Eberhart, to Eberhart's car. At the car,
Kyle continued his conversation with his friend. While Eberhart was
seated in his car talking with Kyle, they heard a loud noise. Kyle
told Eberhart the sound was that of a gunshot. Shortly after the gun
shot, Dennis and Anderson approached Kyle and Eberhart in Kyle's
driveway. At this location, they were out of the view of Kyle's
other guests. As he approached with Dennis, Anderson demanded money
while pointing a gun at Eberhart's neck. Eberhart slowly reached
under the car seat for his wallet and handed Anderson $15.
At the same time, Dennis demanded money from
Kyle. As Dennis threatened him, Kyle searched his pockets and told
Dennis that he had no money with him. Dennis then took the sawed-off
shotgun and shot Kyle in the head at point-blank range. The shotgun
blast severed both of victim Kyle's carotid arteries. Kyle died
instantly of hypovolemic shock. Dennis and Anderson then ran away
together "sprinting very fast."
About a minute after the blast to Kyle's head,
Anita Foraker, a neighbor, walked her dog on Bloomfield Road. At
that time, she saw two young black males near her on the other side
of Bloomfield Road. She heard one say to the other, "Did you get it?"
Within a few days of the murder, an anonymous
caller told the Akron Police that someone at 371 Grand Avenue had
information about Kyle's killing. Akron detectives went to the
address, where they met Shirley Morgan. Ms. Morgan gave the
detectives permission to enter her house, to look around the house,
and to speak to her son, seventeen-year-old Lavar Anderson.
In the basement of Morgan's house, the detectives
noticed clothing similar to the clothing identified as having been
worn by the assailants who robbed Eberhart and Kyle. After viewing
the clothing, the detectives took Anderson into custody. While in
custody, Anderson gave detectives information about the location of
the murder weapon. With this information, the detectives obtained a
search warrant. Executing this search warrant, the police seized
several items from Morgan's basement, including the two coats, a .25
caliber pearl handle handgun, a 20 gauge sawed-off shotgun, and
seven shotgun shells.
Soon after, police arrested Dennis. After his
arrest, Dennis waived his Miranda rights. In interviews following
this waiver, Dennis told several versions of where he had been on
June 4 and 5, 1994. An Akron detective then confronted Dennis with
the sawed-off shotgun obtained from Anderson's residence. Dennis
identified the shotgun as his own. After further questioning, Dennis
admitted that he and Anderson had planned to commit robberies. He
then admitted robbing Pizer, Eberhart, and Kyle. Dennis confessed to
aiming the sawed-off shotgun at Kyle, but claimed the gun went off
accidentally.
Dennis agreed to allow detectives to tape his
statement. In this taped statement, Dennis said that he and Anderson
had smoked marijuana and then drank at a bar before the robberies
and murder. Dennis admitted firing the sawed-off shotgun in the
incidents with Pizer and Kyle, but claimed the shots were
accidental. [FN4]
FN4. Dennis claimed he "could barely focus" when
they came upon Kyle and Eberhart. After shooting Kyle, Dennis
claimed he almost fell down and that Anderson had to help him flee
the scene. This testimony was contradicted by Eberhart who testified
that Dennis and Anderson "ran away together sprinting very fast."
The testimony was also contradicted by neighbor Foraker, who
testified that Dennis and Anderson ran away.
In examining the scene, police found yellow
shotgun shell casings near where Pizer reported being accosted, and
also in front of Kyle's home. A forensic scientist from the Ohio
Bureau of Criminal Identification and Investigation gave the opinion
that the two casings were fired from the sawed-off shotgun that
Dennis acknowledged as his own.
The grand jury indicted Dennis on
one count of aggravated murder, one count of attempted murder, three
counts of aggravated robbery, and one count of possession of
dangerous ordnance. All counts carried a firearms specification, and
the dangerous ordnance charge also carried a physical-harm
specification. The aggravated murder count also carried two death
specifications: (1) murder during an aggravated robbery, where
Dennis was the principal offender (OH Rev. Code § 2929.04[A][7] );
and (2) murder committed as a course of conduct involving the
killing or attempt to kill two or more persons (OH Rev.Code §
2929.04[A][5] ).
B. Procedural Background
On December 12, 1994, Dennis's trial began. After
trial, the jury found him guilty as charged. The trial court then
conducted a mitigation hearing where Dennis presented evidence. In
mitigation, Dennis gave unsworn testimony claiming he did not intend
to shoot Kyle, and that he "was drunk and nervous and scared and the
gun went off and I ran." Dennis expressed remorse for what he had
done and stated that he was sorry for what he had done to the Kyle
family.
On December 20, 1994, the jury returned a unanimous verdict
and recommended the death penalty. On December 29, 1994, the Summit
County Common Pleas Court adopted the jury's recommendation and
sentenced Dennis to death. Dennis appealed to the Summit County
Court of Appeals. On May 8, 1996, the court of appeals upheld Dennis'
conviction and death sentence. See State v. Dennis, No. 17156, 1996
WL 233501 (Summit County Ct.App. May 8, 1996) (unreported).
On June 14, 1996, Dennis filed a notice of appeal
to the Ohio Supreme Court. On September 24, 1997, the court affirmed
the conviction and sentence. See State v. Dennis, 79 Ohio St.3d 421,
683 N.E.2d 1096 (1997). Dennis then filed a petition for a writ of
certiorari to the Supreme Court of the United States. On February
23, 1998, the Supreme Court of the United States denied Dennis's
petition for certiorari. See Dennis v. Ohio, 522 U.S. 1128, 118 S.Ct.
1078, 140 L.Ed.2d 136 (1998).
After all of Dennis's avenues for relief on
direct appeal ended, Dennis filed a petition for postconviction
relief. On September 20, 1996, Dennis filed this petition under Ohio
Revised Code § 2953.21 in the Summit County Common Pleas Court. On
February 11, 1997, the common pleas court denied all of Dennis's
claims for relief.
Dennis next appealed the denial of his
postconviction petition to the Summit County Court of Appeals. On
November 19, 1997, the court of appeals affirmed the trial court's
dismissal of Dennis's postconviction petition. See State v. Dennis,
No. 18410, 1997 WL 760680 (Summit County Ct.App. November 19, 1997)
(unreported). On January 5, 1998, Dennis filed a Memorandum in
Support of Jurisdiction in the Ohio Supreme Court. On March 11,
1998, the court declined to hear the case and dismissed Dennis's
postconviction appeal. See State v. Dennis, 81 Ohio St.3d 1468, 690
N.E.2d 1287 (1998). On June 30, 1998, Dennis filed a petition for a
writ of habeas corpus with this Court. The Court now considers
Dennis's petition.
* * * *
Upon reviewing the petition, the Court finds that
Petitioner Dennis is not entitled to a writ of habeas corpus.
Dennis v. Mitchell,
354 F.3d 511 6th Cir. 2003). (Habeas)
Background: Following affirmance of aggravated
murder conviction and death sentence, 79 Ohio St.3d 421, 683 N.E.2d
1096, petition for writ of habeas corpus was filed. The United
States District Court for the Northern District of Ohio, James Gwin,
J., 68 F.Supp.2d 863, denied petition. Petitioner appealed.
Holdings: The Court of Appeals, Suhrheinrich,
Circuit Judge, held that: (1) failure to remove juror from panel
after learning that she was victim of sexual abuse did not deprive
petitioner of fair trial; (2) potential jurors who stated that they
could not follow law and recommend death penalty were properly
excused for cause; (3) failure to allow questions during voir dire
to potential jurors on specific mitigating factors did not render
trial fundamentally unfair; (4) exercise of peremptory challenges to
exclude prospective jurors based upon opposition to death penalty
did not violate petitioner's right to impartial jury; and (5)
exercise of peremptory challenges to exclude two African-American
prospective jurors did not violate Batson. Affirmed.
