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Friday, May 9, 2003

Judge refuses Campbell new trial


Execution up to Taft, appeal court

By Sharon Turco
The Cincinnati Enquirer

Convicted killer Jerome Campbell should not get a new trial, a judge ruled Thursday, despite arguments by his attorneys that recently gathered evidence - including a DNA test - should be seen by a jury.

Hamilton County Common Pleas Court Judge Charles J. Kubicki denied Campbell the trial after a hearing in which Campbell's attorneys argued the original jury was not given enough information.

Campbell, 41, is scheduled to be executed June 27.

He was convicted of stabbing 78-year-old Henry Turner to death in 1988.

Ohio Assistant Public Defenders Pamela Prude-Smithers and Joseph Wilhelm requested the new trial last week, citing new DNA evidence and new information about informants prosecutors used during the original trial.

Specifically, they cite a 2002 DNA test that revealed blood on Campbell's tennis shoes shown to jurors was Campbell's blood, not the victim's. And, they argued, jailhouse informants who testified that Campbell confessed may have been given a deal.

Hamilton County Prosecutor Mike Allendenied the informants were given lesser sentences in exchange for their testimony and says the blood on the tennis shoes was never presented as the victim's.

Kubicki accepted that the evidence was new, but determined it would not have affected the outcome of Campbell's 1989 trial.

"Oh, no," said Pam Campbell, Campbell's sister, when she heard the news Thursday morning. "I really thought he would get (a new trial)."

Pam Campbell, 45, of English Woods, and her family are now pinning their hopes on Gov. Bob Taft, she said.

The Ohio Parole Board has recommended Taft grant Campbell clemency. Taft has not responded.

Wilhelm said he was disappointed in Kubicki's ruling, but plans to appeal the denial to the Ohio 1st District Court of Appeals.

"If necessary, we'll take this to the (Ohio) Supreme Court," he added.

Allen praised Kubicki.

"Judge Kubicki made the right decision," Allen said. "He had obviously done his homework and knew the issues."

E-mail sturco@enquirer.com




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