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SHAWN WILLIAMS DEATH SENTENCE REVERSED BY OHIO SUPREME COURT On Sept. 3, 2003, The Ohio Supreme Court overturned the death sentence imposed against Shawn C. Williams. In an opinion written by Justice Stratton, the Court found errors on the part of the judge, prosecutor and defense counsel during the penalty phase. Problems arose when Williams punched one of his defense attorneys in the face after the jury returned its verdicts on the rape and aggravated murder charge. The trial attorneys asked to withdraw from the case, citing the breakdown of the attorney-client relationship. The trial judge denied the motion. "By denying the motions, the trial court put counsel in an untenable position. They had very little communication with Williams, they were frightened of him, and they worried that their fear would be revealed to the jury through their body language when at the defense table with Williams," Justice Stratton said. The court also found "extensive prosecutorial misconduct" during the death penalty phase of the trial. In the prosecutor’s closing argument, he referred to the final thoughts of the murder victim, the suffering of the victim's mother, and the death of the victim's unborn child. The Court found this to be error based on long-standing precedent. Williams' lawyers were found to have provided ineffective assistance in the penalty phase by failing to object to the prosecutorial misconduct in the closing argument. "This was not a case in which counsel merely declined to object to a few instances of misconduct," Justice Stratton said. "Here, counsel sat mute through an argument that was dominated by misconduct and laden with the potential for unfair prejudice to the defendant." Justice Pfeifer dissented in part because of his belief that Williams should not again be subject to the death penalty in re-sentencing. "Beyond a reasonable doubt, Shawn Williams killed Catrise Gregory. For that unconscionable crime he should be punished severely. However, he should not be sentenced to death, because evidence of rape, the death-penalty specification in this case, is lacking," Justice Pfeifer said. Williams’ case will be sent back to Lucas County for a new mitigation hearing and sentencing. Williams was represented on appeal by Attorneys Jeffrey Gamso and David Doughten.
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