A man facing the death penalty for fatally shooting a 3-year-old girl was granted clemency - a day before he was due to be executed. Sidney Cornwell, who killed three-year-old Jessica Ballew and 3 adults in 1996, will now serve a sentence of life in prison without the possibility of parole after Ohio Governor Ted Strickland on granted him clemency.
He was due to be executed by lethal injection today, The Columbus Dispatch reported.
In a statement Mr Strickland, a Democrat who was defeated in his bid for re-election on November 2, said: "There is absolutely no doubt that Mr Cornwell is guilty of the crime of aggravated murder - and he has admitted that."
But Mr Strickland questioned "whether the death penalty is appropriate in this case given the fact that certain mitigating information was not available at the time the sentence was imposed."
Cornwell was recently diagnosed with Klinefelter syndrome, also known as the XXY condition, which describes males who have an extra X chromosome in most of their cells, meaning many of the males affected do not make as much testosterone as other boys during puberty.
Some males with the XXY condition exhibit symptoms during puberty including less facial and body hair, broader hips and larger breasts, according to the National Institutes of Health (NIH).
Some boys develop language problems and may struggle in school and sports. But according to NIH, adult XXY males live lives similar to men without the condition.
Mr Strickland said in his statement that there was a "substantial possibility that had the jury or sentencing judge known about Mr Cornwell's disorder, one or more of them would have found that the death penalty was inappropriate in this case."
"Because the trial jury and sentencing judge did not have information at the time of sentencing about Mr Cornwell's Klinefelter's syndrome, I have concluded that it would be inappropriate to proceed with the death penalty in this case," he said.
Source: Columbus Dispatch, November 15, 2010
Strickland stays execution of man who killed girl, 3
Ohio's governor spared the life of a man facing execution Tuesday for killing a 3-year-old, in part because the convict had an undiagnosed medical condition that led to developmental disabilities and large breasts as a child.
Sidney Cornwell's sentence will be commuted to life without the possibility of parole, Gov. Ted Strickland said Monday.
The Ohio Parole Board had recommended against mercy for Cornwell, but Strickland said jurors might have chosen a different sentence if they'd known of the condition, called Klinefelter Syndrome. The condition caused Cornwell to develop motor and language skills late and gave him large breasts as a boy, which led to repeated teasing.
Cornwell, 33, of Youngstown, was scheduled to die by injection Tuesday for the 1996 killing of Jessica Ballew, who was shot to death as Cornwell and other Crips gang members were hunting for a member of a rival gang.
Mahoning County Prosecutor Paul Gains said he did not believe Cornwell deserved mercy.
"Although I disagree with the governor's decision, I respect his right to make that decision," Gains said.
Public defenders for Cornwell had cited the medical condition in seeking mercy. They also said Cornwell was abused by his father and fell under the influence of gangs as a teenager.
17 men have been put to death since Strickland took office in 2007. Cornwell is the third death row inmate that Strickland has spared this year.
In September, Strickland cited "legitimate questions" about evidence used to convict Kevin Keith, though he said he believed the inmate committed the crimes of which he was accused. In June, he also spared Richard Nields, who strangled his girlfriend during an argument, because of court decisions that questioned the appropriateness of a death sentence.
Source: Toledo Blade, November 15, 2010
Governor's Statement on Clemency Application of Sidney Cornwell
Columbus, OH--Governor Ted Strickland today issued the following statement regarding the pending clemency application of Sidney Cornwell:
"As a result of his conviction for aggravated murder, Mr. Sidney Cornwell is scheduled to be executed on November 16, 2010. I have completed a review of the circumstances surrounding his case to determine if executive clemency is warranted.
"In making my determination, my staff and I have reviewed the judicial decisions regarding Mr. Cornwell's conviction, Mr. Cornwell's application for executive clemency and its appendix, and arguments presented for and against clemency at the Parole Board hearing. We also reviewed institutional records and letters received in the Governor's Office regarding this matter, the Parole Board's report and recommendation, and the exhibits presented at the Parole Board hearing.
"There is absolutely no doubt that Mr. Cornwell is guilty of the crime of aggravated murder - and he has admitted that. The only question I am confronted with is whether the death penalty is appropriate in this case given the fact certain mitigating information was not available at the time the sentence was imposed.
"Critical to that evaluation is the fact that in recent months, Mr. Cornwell was definitively diagnosed with a genetic disorder known as Klinefelter's syndrome. This condition, which impacts both the body and the mind of its sufferer, was unknown to the jury and judge responsible for determining Mr. Cornwell's sentence despite significant testimony and argument during Mr. Cornwell's trial regarding certain of his physical characteristics.
"A jury deciding whether to recommend the imposition of the death penalty must unanimously make such a recommendation to the sentencing judge and the sentencing judge must determine that the death penalty is appropriate. If one juror, or the judge, had determined that the death penalty was not appropriate, Mr. Cornwell would instead have been sentenced to life in prison.
"Once aware of the probable Klinefelter's diagnosis, one of three Sixth Circuit judges reviewing the case determined that the death penalty was not an appropriate sentence. After the Klinefelter's diagnosis was confirmed, one of eight parole board members determined that the death penalty was inappropriate in this case. In both instances, Mr. Cornwell's recent diagnosis was referenced as the basis of the dissent.
"In Judge Moore's dissent, she stated, with respect to the question of whether a jury might have reacted differently when it recommended the death penalty had it known about Mr. Cornwell's disorder, that knowledge of such a diagnosis 'would have a reasonable probability of affecting the outcome of the penalty phase...'
"The Parole Board Chair, dissenting from her colleagues' recommendation to deny clemency, cited three basic reasons for her recommendation: having a medical disorder is a strong mitigator and was not presented during the sentencing mitigation phase; a mitigation phase which would have centered on a genetic disorder would have caused the jury to have more sympathy as opposed to one which centered on a person who was portrayed by the prosecution as merely overweight and lazy by nature; and that Klinefelter's syndrome could have reduced Cornwell's overall culpability.
The fact is, there is a substantial possibility that had the jury or sentencing judge known about Mr. Cornwell's disorder, one or more of them would have found that the death penalty was inappropriate in this case, just as one of the Sixth Circuit judges did and as the Parole Board's Chair did.
"Because the trial jury and sentencing judge did not have information at the time of sentencing about Mr. Cornwell's Klinefelter's syndrome, I have concluded that it would be inappropriate to proceed with the death penalty in this case. There can be no doubt that Mr. Cornwell's conduct still necessitates severe punishment. Accordingly, I have decided to commute his sentence to a term of life in prison without the possibility of parole."
Source: Office of the Governor, November 15, 2010
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