Ohio Gov. John Kasich stops another execution

Governor John Kasich, R-Ohio, on CBS' "Face the Nation," July 3, 2011. / CBS

COLUMBUS, Ohio - Gov. John Kasich on Monday spared a condemned inmate who slashed a woman's throat in a robbery, citing the prisoner's horrific childhood.

Kasich's decision marked the fifth time since June that an Ohio execution has been postponed or called off.

Kasich followed the recommendation of the Ohio Parole Board, which said last week Joseph Murphy should be sentenced to life without parole instead.

The board cited Murphy's childhood growing up in West Virginia in which he was beaten, starved and sexually abused.

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The board also cited the Ohio Supreme Court's 1992 decision that upheld the death sentence by a 4-3 vote, a rare divided ruling in which Chief Justice Thomas Moyer voted against a death sentence for Murphy. The late Moyer, a death penalty supporter, said he knew of no other case in which a defendant "was as destined for disaster as was Joseph Murphy."

Kasich noted both Murphy's childhood and the Supreme Court ruling. He also said he agreed with the National Association of Mental Illness, which had urged him to spare Murphy.

The governor said he decided that, "considering Joseph Murphy's brutally abusive upbringing and the relatively young age at which he committed this terrible crime, the death penalty is not appropriate in this case."

Murphy, 46, was convicted of killing Ruth Predmore in Marion in 1987 in a robbery that netted her penny collection. He had threatened the 72-year-old Predmore with an extortion note several days before the crime.

Marion Prosecutor Brent Yager had opposed clemency, saying Murphy terrified Predmore before the crime, killed her brutally, then lied and made excuses about his motives.

"Murphy's crime is truly one of the worst of the worst," Yager said in a filing with the parole board last week.

In June, Kasich spared Shawn Hawkins, saying he had no doubt the inmate was involved in a 1989 double killing but that the details of his participation were "frustratingly unclear."

In July, a federal judge's ruling in another case postponed the execution that was to have followed that of Hawkins.

U.S. District Court Judge Gregory Frost criticized the state's execution policies as haphazard and inconsistent. Since then, Kasich postponed two additional executions scheduled for August and September while the state updates its policies.

A second legal team representing Murphy had brought a separate challenge based in part on the revelation that one of Ohio's executioners has cancer. The attorneys argued that could affect the state's ability to carry out executions, and Frost allowed them to gather information about the cancer.

Though Murphy has been spared, attorneys are certain to continue the cancer argument for the way it could affect the next execution scheduled for November.

[wesleym58]

Great job Governor Kasich. This individual will get his just reward come judgment day. Meantime, the life he as taken unjustly he can add to his horrific past as he sleeps night after night until he dies. This type of torment is worse than execution.

[addict42]

States that have the death penalty have the same or great numbers of heinous crimes like the one committed by this totured soul, so either way people are going to murder and so will some states.

[PourpaixPourpaix]

It's very nice to see justice served for a change. I don't understand why we keep giving violent criminals the easy way out with the death penalty. Kill them so they don't have to continue living with what they did? It's pretty stupid of us. Put them in a harsh environment like prison permanently, prohibit contact with those who might support them (such as other gang members), and give them little to do but think about their choices in life and miserable future. Maybe they go to hell if they die, but maybe not. I think a horrible life in a confined space, lousy food, abusive environment, and lots of time to think about the past and dismal future is far more fitting. If hell exists, it will still be there in 50 years.

[excop1949]

Gov. John Kasich on Monday spared a condemned inmate who slashed a woman's throat in a robbery, citing the prisoner's horrific childhood.

I'M SURE THT MAKES THE WOMAN'S FAMILY FEEL ALL BETTER...
(BERLINFOTO - NO MORE SCREWWORMS THANKS TO TEXAS A&M UNIVERSITY...AND PUNISHMENT MAY NOT WORK, BUT IT SURE AS HELL BEATS WHAT IS SECOND ON THE LIST)

[berlinfoto-2009]

(quote)
"The growing consensus among experts was perhaps best reflected by the National Advisory Commission on Criminal Justice Standards and Goals which issued a recommendation in 1973 that "no new institutions for adults should be built and existing institutions for juveniles should be closed."17 This recommendation was based on their finding that "the prison, the reformatory and the jail have achieved only a shocking record of failure. There is overwhelming evidence that these institutions create crime rather than prevent it." (end of quote) "THE NEW JIM CROW" written by Michelle Alexander.
It would be my belief that todays crime problem, today in America, is due to a enormous backlash to this report, form the National Advisory Commission on Criminal Justice Standards and Goals, by Americas stupid police with screw worms, or (screw bacteria otherwise known as syphilis) or maybe even round worms in the brain.
The crime problem is truly due to the police in America.

[ddog88]

The word Justice has been perverted in our current legal system. So if I had a good childhood and choose to cut someone's throat I can expect death. But if I'm an abuse victim I can prance around cutting the head's off people knowing that the only punishment I'll receive will be to live in a place where I have rights and free food and free medical care and free cost of living and free recreation. That definition of justice is not in the dictionary.

[AOCGUY]

Our legal system has as its first responsibility to protect the citizenry from those that would harm us - first through the establishement of rules by which we as a civilized society should follow and appropriate punishment for violations of those rules (the purpose of that punishment to desuade repeat offenses). It has never been proven that Capital Punishment disuades or deters capital crimes and in fact given that the USA is one of the few countries left in the world to have Capital Punishment and yet we still suffer under one of the most violent crime ridden societies would seem to prove the opposite. And at least under our current rules, which aren't likely to change anytime soon, the financial cost of capital punishment still far exceeds that of life in prison.

And a number of capital convictions have later been overturned when it was discovered that the individaul found guilty was in fact innocent, the futherance of capital punishments places us at risk of executing the innocent.

So I believe that it really does come down to the fact the some people feel the need for revenge for the wrongs inflicted upon themselves and the victims. While that is an understandable emotion, it hardly seems appropriate for the state, acting upon our (society as a whole) to be i the business of vengence. In fact I don't belive there is any legal precedence for the state acting on the basis of vengence.

[berlinfoto-2009]

My comment is for AOCGUY, Interviews have been conducted in the past of the crime victims family, shortly after the Death Penalty was carried out and, surpassingly most had changed their ideas about the death penalty, and were no long for it, and did not feel as though justice had been done, just more guilt.
Prisons manufacture crime, and make criminals or non-criminals more likely to commit crime in the future. Social scientist have known this fact for over two hundred and fifty years.

[jackp32]

The governor noted the "relatively young age" of Murphy at the time of the crime. I was wondering if that means the victim was somehow not as dead as she would have been if the murderer was 40 yrs old. For some reason the governor is ignoring his oath of office to swear to uphold the laws of the State of Ohio. I believe that is called arrogance, which seems to afflict most politicians elected into public office.

[AOCGUY]

How exactly is the Governor failing to uphold the laws of the state of Ohio? He followed the reccommendation of the Ohio parole board here. The citizens of Ohio have been protected whcih is the purpose of the judicial and legal system. The state has no obligation nor requirement for vengence.

[RealiteBites]

If he didn't believe in the death penalty when he was running, he should have made it clear when he ran that he was going to be incapable of upholding the law for personal reasons.

There have been district attorneys elected who made clear their views.

What's overstepping his bounds is for him to use his personal views to stop executions if the stoppage isn't legally warranted. Stopping 5 for 5 kind of speaks for itself. So I guess that'll be something the Repuglies'll have to consider next time he's up for re-election. Then he can go back to Faux ...

[berlinfoto-2009]

Stupid Americans, like the death penalty so much, that many district attorneys, who have knowingly convicted, a innocent man of death penalty crime, get elected governor of their state, when the voters know dam well he railroaded and convicted man who was innocent.
American throw reason out the window, over any emotional issue.
Just think back in 1973 the best social scientists and criminal justice officials recommended doing away with the prison system all together. Punishment does not work, you people are sick in the head, Do you all have screw worms?

[berlinfoto-2009]

I am not a criminal, I was abused as a child, sometimes rather seriously, nearly fatally several times, once by a serial killer. Various agencies of the United States Government know about my abuse as a child, they continue to abuse me as an adult. The United States has an incredible sick government, the United States is a incredible sick nation. Just look at the comments before mine.

[OnTheRoad01]

Wonder if he would feel the same way if it had been his wife/daughter/mother???

[involved_indi]

So what's he doing for the victims families....

[jackp32]

rnrstar: the governor could still pardon him later. A life sentence w/o parole is a fallacy since the governor of the State of Ohio can issue a pardon and overrule the sentence. The dumbmasses in Ohio do not realize that there is no such thing as a life sentence. Only the death sentence when it is carried out is finality of sentence realized.