Judge refuses to set execution hearing

By Peter H. Milliken

The judge has ordered the prosecutor to furnish 911 tapes today.

YOUNGSTOWN — Defense lawyers for Michael A. Davis, the man who faces the death penalty after being accused of setting the Jan. 23 East Side house fire that killed six people, filed a motion challenging the constitutionality of Ohio’s lethal injection method of execution.

The judge, however, declined to set a hearing on it before the trial.

The one-inch thick motion, filed by Attys. James Gentile and Ronald Yarwood, says the method is cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution.

Davis, 18, of Bennington Avenue, faces an Oct. 6 jury trial on charges contained in a 29-count aggravated murder and aggravated arson indictment in what authorities call the largest mass murder in the city’s history.

Carol Crawford, 46; her daughter, Jennifer R. Crawford, 23; and Jennifer’s four children, Ranaisha, 8; Jeannine, 5; Aleisha, 3; and Brandon, 2, died in the Stewart Avenue blaze.

Judge R. Scott Krichbaum of Mahoning County Common Pleas Court declined to set a hearing on the defense motion before Davis’ trial because he said the matter wouldn’t be ripe for his consideration unless or until Davis is convicted of one or more death penalty specifications. “The cart is well before the horse,” the judge said Thursday.

Judge Krichbaum said his court isn’t bound by this week’s Lorain County common pleas judge’s ruling that Ohio’s execution method is unconstitutional. Rather, Judge Krichbaum said his court is bound by U.S. and Ohio Supreme Court rulings he believes uphold Ohio’s lethal injection execution method.

Judge Krichbaum also ordered J. Michael Thompson, assistant county prosecutor, to furnish tapes of numerous 911 calls concerning the fire to Davis’ defense lawyers by noon today, or he will impose sanctions on the prosecutor’s office. “This is long overdue,” the judge said.

“You folks indict this guy and charge him with an offense for which you seek to take his life away from him,” the judge said. “He’s entitled to this discovery and proper preparation and information, and he’s being denied that.”

By 3 p.m. Thursday, Thompson filed with the court clerk’s office a notice that he had supplied the defense with six DVDs containing recordings of the 911 calls, and the defense lawyers filed a notice acknowledging they had received them.

The judge also ordered Thompson to inform Davis’ defense lawyers by noon today concerning the status of any autopsy findings that are still forthcoming.

To avoid excessive pre-trial publicity, Judge Krichbaum has imposed a gag order barring lawyers in this case from publicly discussing it outside of courtroom proceedings.

The next pre-trial hearing in the case is set for 8:30 a.m. July 11.

milliken@vindy.com