The Ohio Parole Board held a hearing on June 14, 2018 to consider clemency for death-row prisoner Raymond Tibbetts, whose February 13 execution was halted by Governor John Kasich to consider a juror’s request that Tibbets be spared. Ross Geiger, one of the twelve jurors who sentenced Tibbetts to death in 1997, wrote to Governor Kasich on January 30 expressing “deep concerns” about a “very flawed” trial and saying he “would not have recommended the death penalty” had the jury been provided complete information about Tibbetts’ upbringing. Tibbetts’ clemency application has been buoyed by the support of two criminal justice experts, Judge James A. Brogan (pictured), a former prosecutor and past chief justice of the Ohio Courts of Appeals Judges Association who chaired the Ohio Supreme Court’s Joint Task Force to Review the Administration of Ohio’s Death Penalty, and George D. Alexander, a former Ohio prison warden and prison chaplain. Geiger wrote that the jury had voted for death after the prosecution had led them to believe that Tibbetts and his siblings had lived normal lives and his siblings ”had turned out fine.” He later learned that Tibbetts’ trial lawyer had failed to present evidence that Tibbetts had been abandoned at age 2, then abused and malnourished in foster care, and that “of Mr. Tibbetts’ four siblings, one committed suicide, one also spent time in prison, one is essentially homeless and unemployed, and only his sister is now doing well, despite having had a very turbulent younger life.” In a guest column in the Columbus Dispatch, Judge Brogan lauded Governor John Kasich’s decision in February to grant Tibbetts a reprieve so that Geiger could present his case to spare Tibbetts to the parole board. Brogan noted that the vote of just one juror is enough to prevent the imposition of a death sentence. “Fundamental flaws in the trial process deprived the jury of key facts that would have prevented this juror from voting in favor of death,” he wrote. “These truly extraordinary circumstances cry out for a clemency recommendation rather than an execution.” Alexander, the former prison warden and chaplain, added that Tibbetts has shown remarkable rehabilitation during his time in prison. “By all accounts, by the grace of God, Tibbetts has experienced a radical transformation,” Alexander wrote in a commentary published in the Akron Beacon-Journal. “He is no longer the troubled criminal, addicted to drugs and alcohol, as he was when he entered death row 20 years ago. He is remorseful, reflective and reformed.” The parole board will make a recommendation for or against clemency, but the ultimate decision rests with Governor Kasich. [UPDATE: On June 22, the Ohio parole board recommended that Governor Kasich deny clemency to Mr. Tibbetts.]
(James A. Brogan, Column: Juror’s concern requires clemency for Tibbetts, The Columbus Dispatch, June 3, 2018; George D. Alexander, A retired warden supports clemency for death-row inmate Ray Tibbetts, Akron Beacon Journal, June 11, 2018.) See Clemency and New Voices.