Ohio Death Penalty update

On March 7, 2009, Anthony Kirkland attacked, beat, attempted to rape, robbed and strangled 13 year old Esme Kenney to death and then partially burned her body. Kirkland was apprehended shortly later at the crime scene with property belonging to the victim; there was also a match of the victim's DNA on Kirkland. At questioning Kirkland confessed to the crimes on Kenney, and three additional crimes. On March 17th., he was indicted on twelve counts of murder, attempted rape, abuse of corpse, and aggravated robbery in relation to three of the crimes. On June 22nd., he was indicted for murder and abuse of corpse in the fourth crime.

The indictments were consolidated for trial purposes, and, on March 12, 2010, Kirkland was found guilty of all counts including death penalty specifications.

In November of this year he filed a direct appeal to the First District in Ohio, but, since Ohio's right of direct appeal was amended in 1994 to eliminate the jurisdiction of courts of appeals to reviews on direct appeal judgments that imposes a sentence of death, and placing that right directly to the Supreme Court, the appeal was dismissed.

Kirkland filed his direct appeal to the Supreme Court May 12th, and eight days later a motion to stay his execution.

Last month there was a "joint motion to supplement the record" filed because the case had involved a separately indicted non-capital homicide, but when counsel for defendant-appellant reviewed the record, it was discovered that the trial court did not generate an entry ordering this case be consolidated for trial. The motion to include was granted yesterday.