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Court Affirms Death Sentence in 2003 Butler County Killing
2004-0485. State v. Ketterer, 2006-Ohio-5283.
Butler C.P. No. CR 2003-03-0309. Judgment affirmed.
Moyer, C.J., Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer and Lundberg Stratton, JJ., concur separately.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-5283.pdf
(Oct. 25, 2006) The Supreme Court of Ohio today affirmed the conviction and death sentence of Donald J. Ketterer for the aggravated murder of 85-year-old Lawrence Sanders of Hamilton in the course of robbing the victim's home in February 2003.
In a confession he made after being questioned by police, Ketterer said Sanders was a long-time acquaintance. On the day of the crime, Ketterer said he went to Sanders' home and asked to borrow $200 to pay court fines. When Sanders insisted that he was unable to provide the needed money, Ketterer struck him in the head several times with a cast-iron skillet, then repeatedly stabbed him in the chest and face with scissors and other kitchen utensils. Ketterer, who had a long history of substance abuse and psychiatric problems, took money from the victim's wallet, filled a bag with coins, jewelry and other possessions taken from the house and drove away in Sanders' car.
Ketterer subsequently abandoned the car in Hamilton after crashing into a garage, and traded some of the victim's stolen possessions for crack cocaine. The next day he returned to Sanders' house, where the victim's body remained undiscovered, and stole additional household items. That evening, after police had discovered Sanders' abandoned car, they went to his home but did not enter when no one answered the door. Officers seeking to interview Ketterer about another matter stopped him outside a friend's house, and he agreed to accompany them to police headquarters, where he was read his Miranda rights and authorized them to search his person and a plastic bag he was carrying that included papers bearing Sanders' name.
While Ketterer remained at the police station, officers again went to Sanders' home and this time found his body. They returned to the station, re-read Ketterer his Miranda rights, which he waived, and questioned him. After initially denying any recollection of events, Ketterer subsequently made an oral statement admitting that he killed and robbed Sanders and later signed a written confession providing details of the crime. He was charged with aggravated murder with multiple death penalty specifications, and also charged with aggravated burglary, aggravated robbery and grand theft of a motor vehicle.
Ketterer waived his right to a jury trial, and entered a plea of guilty to all charges before a three-judge panel. After finding him guilty on all charges and reviewing aggravating and mitigating factors, the panel imposed a sentence of death.
In today's unanimous ruling, the Supreme Court rejected all 15 allegations of legal and procedural error by the trial court that Ketterer advanced as grounds to vacate his convictions or reduce his death sentence to a term of life imprisonment. In an opinion that was joined by four other Justices, Chief Justice Thomas J. Moyer took note of Ketterer's extensive history of mental illness and substance abuse, but rejected Ketterer's claim that those and other mitigating conditions outweighed aggravating factors in the case and therefore required reversal of his death sentence.
“In evaluating this case, we note that Ketterer has been a chronic alcoholic and drug abuser for over 30 years. At times, he maintained sobriety and then relapsed. Considering his ability at times to remain sober and drug-free, we accord only minimal weight for his status as an alcoholic and chronic drug user,” wrote Chief Justice Moyer.
In addition to alcoholism, polysubstance dependence and bipolar disorder, Ketterer has a personality disorder with prominent borderline and antisocial features and a limited IQ between 72 and 84. The Chief Justice recognized these factors as mitigating and characterized Ketterer's severe mental problems as a “significant mitigating factor under R.C. 2929.04(B)(3).” Taking all that information into consideration, however, the Chief Justice wrote: “We conclude that the aggravating circumstances outweigh the collective mitigating factors. In the course of an aggravated robbery and aggravated burglary, Ketterer savagely beat and stabbed his friend, an 85-year-old man.” He noted that Ketterer had received extensive medical treatment, yet had repeatedly failed to take control of his life.
Chief Justice Moyer's opinion was joined by Justices Alice Robie Resnick, Maureen O'Connor, Terrence O'Donnell and Judith Ann Lanzinger.
Justice Evelyn Lundberg Stratton entered a separate opinion, joined by Justice Paul E. Pfeifer, in which she concurred with the majority holding that current Ohio law requires affirmance of Ketterer's death sentence, but urged the state legislature to consider legislation that would expand a current ban against execution of the mentally retarded to include a similar provision for persons with severe mental illnesses.
Justice Stratton noted that one of the experts testified that because of Ketterer's bipolar disorder, Ketterer “lacked substantial capacity at the time or around the time this offense was committed to conform his conduct to the requirements of the law.” Further, Ketterer fell into the category of about 20 to 30 percent of people with bipolar disorder who have residual symptoms that never go away.
Moreover, Justice Stratton noted that another expert testified that there is a genetic component to mental illness and that many of Ketterer's family members suffer from depression and bipolar disorder. Ketterer's brother was diagnosed with and treated with major depressive disorder for many years, and more recently, he has been treated for bipolar disorder. Another brother was hospitalized at a state mental hospital, and a cousin was treated for depression. A cousin and an uncle both committed suicide. In fact, in the months preceding the crimes, Ketterer had deteriorated so much that he attempted suicide after his landlord would not fix the windows immediately.
Justice Stratton noted that the United States Supreme Court has identified retribution and deterrence as the two social purposes served by the death penalty. She noted that deterrence is of little value as a rationale for executing offenders with severe mental illness when they have diminished impulse control and planning abilities. As for retribution, Stratton cited a Gallup Poll conducted in October 2003 that found that while almost two-thirds of Americans surveyed supported the death penalty, 75 percent of those surveyed opposed executing the mentally ill.
Justice Stratton cited a resolution adopted by the American Bar Association earlier this year urging states that impose the death penalty to exclude defendants from execution “if, at the time of the offense, they had a severe mental disorder or disability that significantly impaired their capacity (a) to appreciate the nature, consequences, or wrongfulness of their conduct; (b) to exercise rational judgment in relation to conduct; or (c) to conform their conduct to the requirements of the law.”
She cited national research suggesting that from 5 to 10 percent of all offenders currently under death sentences have a serious mental illness, and wrote: “(W)hile I personally believe that the time has come for our society to add persons with severe mental illness to the category of those excluded from application of the death penalty, I believe that the line should be drawn by the General Assembly, not by a court. … Therefore, I urge our General Assembly to consider legislation setting the criteria for determining when a person with a severe mental illness should be excluded from the penalty of death. Unlike mental retardation, which can be determined by a number on an IQ test and other basic criteria, mental illnesses vary widely in severity. The General Assembly would be the proper body to examine these variations, take public testimony, hear from experts in the field, and fashion criteria for the judicial system to apply.”
Contacts
Robin N. Piper, 513.887.3474, for the State of Ohio and Butler County prosecutor's office.
Ruth L. Tkacz, 614.466.5394, for Donald Ketterer.
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