Saturday, April 20, 2002
Appeal wins teen new trial
Conviction overturned in murder case
By Marie McCain, email@example.com
The Cincinnati Enquirer
A 17-year-old from Pleasant Ridge who was convicted as an adult of aggravated murder for the 2000 killing of a longtime friend will get a new trial, the Ohio 1st District Court of Appeals ordered Friday.
Judges Robert Gorman and Rupert Doan joined Judge Robert Winkler in a 25-page opinion that cited prosecutorial misconduct as one of the reasons for a unanimous decision to overturn Marcus Wilson's conviction.
Mr. Wilson, who was 15 at the time of the offense, was sentenced to life in prison with the possibility of parole after 20 years for the execution-style murder of 17-year-old Christopher Parks.
Mr. Parks was shot Jan. 29, 2000 as he stood with Mr. Wilson and another teen on a busy street in Kennedy Heights. Witnesses said they saw Mr. Parks start to walk away when Mr. Wilson pointed a gun at his back and pulled the trigger.
After Mr. Parks collapsed, they said, Mr. Wilson stood over him and fired additional shots into his body, including one into his head.
Appeals judges contended that the jury trial was tainted when the prosecution referred to a witness' out-of-court statement that identified Mr. Wilson as a suspect.
The statement was hearsay, the appeals court determined.
The prosecutor offered the statement for the truth, the judges wrote.
Our review of the record reveals that the prosecutor not only used (the) statement to prove the truth of the matter asserted, but, in closing argument ... used the statement in an attempt to persuade the jury that Mr. Wilson had actually been positively identified as the shooter.
H. Fred Hoefle, Mr. Wilson's appellate attorney, said Friday that his client was delighted at the chance for a new trial and hopes to regain his freedom.
Hamilton County Prosecutor Mike Allen said Friday that his office is reviewing the decision and has yet to decide whether to appeal to the Ohio Supreme Court.
Union tells teachers to reject pay plan
Owensby death to get FBI scrutiny
Bengals fan finally home
Job market grows grim for new college graduates
Graduation looms at colleges
A day for discoveries
Anderson finds chief within
Appeal wins teen new trial
GOP state senator Nugent is arrested on DUI charge
Jewish tragedy remembered in student exhibit
NCH cop charged after standoff
Saved Wisp singin' the blues no more
TANK adds route along riverfront
Tristate A.M. Report
RADEL: To catch a thief
SAMPLES: Fair housing
THOMPSON: Faith Matters
Black teacher says Lakota improving
Fire damages Pi Kappa Alpha fraternity house at Miami U.
Her hair will find a new head
Hogan seeks county office
Lebanon ends search at home
Man sentenced in death of unborn son
Patient-abuse trial date set
Resource officers facing sex charges
School takes precautions
Sierra Club rallies for Little Miami
Three Sycamore students ace SATs
Board won't back clemency plea
Rules on drug tests for children unchanged
Bid for Hyundai plant cost Kentucky at least $130,000
Chandler steps toward run
Protesters threaten lawsuit