Ohio Death Sentence Thrown Out: Convict's 'Mental Defect' Was Bullet To Head

CINCINNATI (TDB) -- A federal appeals court overturned the death sentence of an Ohio convict because his defense lawyers failed to present evidence of a potential mental defect as mitigation -- that he had once shot himself in the head with a .38-caliber pistol. The court said the injury caused serious head trauma.

The 2-1 ruling by the 6th Circuit U.S. Court of Appeals says Abdul Haliym, also known as Wayne Frazier, must have a new sentencing hearing within six months or be set free. The court's majority said it was possible the showing of a functional brain impairment could have spared Haliym from a death sentence when his case went to trial in 1987 before a three-judge panel in Cuyahoga County. The appeals court questioned how thoroughly Frazier's defense team dug into his background.

"Perhaps most importantly, a more thorough investigation would have led to some evidence that petitioner (Haliym) had a mental defect. Petitioner's attorneys were on notice that petitioner had shot himself in the left temple, which should have strongly suggested the need to investigate whether petitioner had a mental defect. Instead of conducting this investigation, petitioner's attorneys put before the trial court Dr. (.XXX) 's testimony that none of the mental disorders with which petitioner was diagnosed could be considered a mental disease or defect, at least for psychiatric purposes."

The appeals court majority said there was "serious head trauma sustained" by the gunshot during the suicide attempt.

Abdul Saliym has been on Death Row for a March 27, 1987 stabbing at the apartment of Marcellus Williams and Joann Richard, who both died from their wounds. The apartment was located at 49th and Central in Cleveland. The appeals court said there was no question that Haliym committed murder and was guilty. The full-text of the decision is 35 pages long (pdf), including the dissent.

Ohio Mental Health Agency: Studies Suicide For Patients

COLUMBUS (TDB) -- The state agency charged with caring for Ohio's mentally ill residents has scheduled a conference in August that will consider "the right to suicide" for those suffering from psychological disorders. This is a politically, morally and emotionally charged topic that quickly conjures up images of Jack Kevorkian in his former role as Doctor Death.

The subject provokes serious concern about why the Ohio Department of Mental Health -- which is co-sponsoring the event along with a state medical school -- would even flirt with the subject of allowing self-inflicted death for psychiatric patients. It smacks of state-supported euthanasia: Your mind doesn't work normally, take some poison or head to that closet with this short piece or rope.

Details about the conference have surfaced in a circular issued for the state's 2007 Annual Forensic Conference, which takes places August 16 and 17 at a Holiday Inn in Wilmington, Ohio. Phillip J. Resnick, a professor of psychiatry at Case Western Reserve University's medical school, is scheduled to "discuss the right of psychiatric patients to take their own lives. Arguments for and against rational suicide will be explored."

Sounds creepy, too creepy really. This state is now led by a governor who used to make his living as a psychologist. Ted Strickland holds a PH.D on the subject (from the University of Kentucky) and has no doubt counseled people over the years that life is worth living.

Indeed, there are legal questions about whether mentally ill prisoners on Death Row should be executed. Is it rational to allow mentally ill citizens who are not on Death Row to execute themselves?

As a matter of politics alone, the state should not sponsor this discussion about self-inflicted euthanasia. It will play into the hands of the right, and be used to say that the Dems now holding power in Columbus are not pro-life -- see, they favor abortion on demand and think psychiatric patients should kill themselves.