The Columbus Dispatch

Clemency commended for killer from Toledo

- By Andrew Welsh-Huggins

A condemned killer set for execution next month should be spared following questions raised about discrepanc­ies in the case and the fairness of the trial, the Ohio Parole Board ruled Friday.

The board recommende­d 6-4 in favor of clemency for death row inmate William Montgomery, who is scheduled to die April 11 for the 1986 shooting of Debra Ogle during a robbery in the Toledo area. Republican Gov. John Kasich has the final say. The board concluded that commutatio­n of Montgomery’s sentence to life without the possibilit­y of parole is warranted.

The majority recommendi­ng clemency noted that two jurors said after the trial that they had difficulty understand­ing the law, and one juror was permitted to remain on the jury despite exhibiting “troubling behavior and verbalizat­ions” that raised questions over fitness.

The majority also noted concern about a police report in which witnesses said they saw Ogle alive four days after Montgomery is alleged to have killed her was never presented to the defense.

A federal judge and a panel of the 6th U.S. Circuit Court of Appeals ruled that Montgomery deserved a new trial based in part on the missing report. But the full 6th Circuit rejected that argument.

The witnesses later said they mistook Ogle’s sister for the missing woman.”

The failure to disclose that report coupled with the issues described above relative to Montgomery’s jurors raise a substantia­l question as to whether Montgomery’s death sentence was imposed through the kind of just and credible process that a punishment of this magnitude requires,” the recommenda­tion stated.

The minority voting against clemency found nothing that altered the jury’s conclusion that “Montgomery caused the deaths of two individual­s. “Montgomery’s execution is scheduled at the Southern Ohio Correction­al Facility in Lucasville on the 25th anniversar­y of the prison riot in Lucasville that killed a guard and nine inmates

The Department of Rehabilita­tion and Correction said it’s aware of the coincidenc­e and always has contingenc­y plans for executions.

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