Joseph Thomas Still Facing Death Sentence
Judge Richard Collins denies the defendant's motions to dismiss the death sentence as a possible punishment
Lake County Common Pleas Judge has denied all of murder suspect Joseph Thomas's motions to dismiss the death sentence as a possible punishment if he is convicted.
Thomas, 27, is accused of raping and murdering bartender Annie McSween. His trial is scheduled to begin Sept. 5.
Thomas's attorneys filed several motions in January, asking the judge to dismiss the death sentence.
They claimed Thomas should not face the death sentence because the grand jury -- who decides if a defendant could potentially face death if convicted -- doesn't listen to mitigating evidence from the defendant.
Collins disagreed with Thomas. He said having the grand jury consider mitigating evidence would change the way its operated historically.
"The grand jury, moreover, is in the business of finding probably cause, not assessing possible defenses," Collins wrote in his decision.
Thomas also claimed the death penalty was unconstitutional for several other reasons, including:
- prosecutors can decide whether or not they want to pursue the death penalty
- it is racially discriminatory
- it is unconstitutionally vague
- it violates the mandate against cruel and unusual punishment
- it violates international laws and treaties.
Collins disagreed with all of these arguments. He said the Ohio Supreme Court had already ruled that the death penalty didn't violate any international treaties and the U.S. Supreme Court said it wasn't cruel and unusual punishment.
In reference to Thomas's claim that the death penalty discriminates against certain races, Collins noted that Thomas didn't say he was being unfairly discriminated against.
"A capital defendant cannot evade a death sentence merely by demonstrating the statistical disparity of capital defendants or victims of a particular race," Collins said.
Thomas is accused of killing Annie McSween, who lived in Mentor.
McSween, 49 was found murdered Nov. 26, 2010, near Mario's Lakeway Lounge on Andrews Road.
McSween had tended bar at Lakeway Lounge the night she was murdered. She closed the bar, but never made it home.
Her body was found behind the house at 5612 Andrews Road, next to the bar, at 8:39 a.m. She had been beaten, strangled and repeatedly stabbed, Lake County Deputy Coroner Dr. Mark Komar said. She likely bled to death.
Tim Walters
9:29 am on Thursday, March 1, 2012
He should be sentenced to death but he should suffer for 2 years in prison. Put him in with bubba for that time. Then after he is treated wrong daily for the 2 years, then put him to death. He deserves cruel and unusual punishment. Sorry if you think I am cruel. I feel what you have done to others should happen to you.
Benita Cirini
10:53 am on Thursday, March 1, 2012
On this I agree with you Tim very much so.
Dwayne Woods
6:21 pm on Wednesday, September 5, 2012
your right tim,hang his ass,i known annie all our lives
Benita Cirini
10:52 am on Thursday, March 1, 2012
Jason, only henious crimes when CONVICTED like this one should be posted on the patch NOT ones who have been falslely or OVERCHARGED. Learn the difference and STOP ruining lives of people who suffer profusely such as petty theft. You are very unethical. Sad.
Jason Lea
11:06 am on Thursday, March 1, 2012
Benita, Joseph Thomas has not been convicted yet. He's only been charged.
Benita Cirini
11:09 am on Thursday, March 1, 2012
Jason did you read my entire comment. You should not post things until they are true. You ruined my friends life with your false statements, you should be ashamed of yourself. Karma.
Jason Lea
11:15 am on Thursday, March 1, 2012
What false statement did I make? Your friend was charged with a crime. That is what I wrote. Later she was convicted of theft and possession of criminal tools. I understand that it is upsetting to see a friend in adverse circumstances, but do not blame me for the decisions that other people make.
Jason Lea
11:31 am on Thursday, March 1, 2012
Benita, we invite comments and discussion on this site. However, if you cannot be civil, I will have to ban you. I don't want to do that. I mean that sincerely, but I will if you leave me no other option.
Here are the terms of service for Patch. Please familiarize yourself: http://mentor.patch.com/terms
Tim Walters
11:36 am on Thursday, March 1, 2012
Jason, you cannot make everyone happy. You just do what you do. You do a great job.
Benita, if what Jason posted was wrong. I am sure if you send him the proof of him being wrong. I’m sure he would be happy to put a post up and correct himself. If you friend did do it, then they put their own speed bump in their own road.
Benita Cirini
12:05 pm on Thursday, March 1, 2012
Jason has not righted his wrong, my friend was OVER CHARGED and falsley accused. What is uncivil about my comments Jason? This is America I am entitled to free speach. You are sure Tim? How about righting a wrong Jason. Charges were false no proof. Jason you are not being blamed for others decisions you are at fault for posting things that you know nothing about. Charges were dismissed because they were false did you post that? Did you apologize. Ban me? I have posted nothing uncivil. These sites need to be looked at very carefully. Just like you I have freedom of speach, no threats have been made to you. There are people over you and I am sure they would agree, nothing un civil has been stated here. You posted incorrect statements about my friend and that needs to be amended, this was an accident in forgetting to pay for something nothing more.
Benita Cirini
12:13 pm on Thursday, March 1, 2012
Tim did you not see my agreement about this man and this article? The problem is posting articles when one is not there and does not know the truth. Police officers should not be allowed to over charge and charge falselly when they are not present, no video is available. There was no proof, just accidentally forgetting to pay for something and leaving due to anxiety NOTHING MORE. I exercise my rights to tell the truth. The truth always comes out. I pray for people who hurt others because they think they know what is false to be true. This is very wrong. I am civil. Printing that article was not. I am not easily intimidated. Sorry you feel you must intimidate me Mr. Lea. I would not hurt innocent people. May God bless both of you and the ones who put this media together.
Benita Cirini
12:16 pm on Thursday, March 1, 2012
Copying a story does not an investigator make. Do your research first. None of this is uncivil, I am pointing out what is wrong and what is right. Please think about it and do not threaten me.