Sowell v. Anderson, 2008 U.S. Dist LEXIS 25643 
(S.D. Ohio 3/31/08) Mitigation phase relief granted.

On the morning of November 2, 1983, defense counsel gave their opening statement in the sentencing phase of this case capital case. By lunch time defense counsel had completed their mitigation phase presentation and both sides had presented closing argument. Defense counsel called six witnesses whose direct examination totaled only thirty-four pages of transcript.

Federal District Court Judge Sargus granted penalty phase relief. Judge Sargus found that defense counsel “ignored leads that might have helped them prepare their case in mitigation and the Court finds that the failure to investigate ‘resulted from inattention, not reasoned strategic judgment.’” Id. at 66

Judge Sargus concluded that Mr. Sowell was prejudiced by the deficient performance of counsel. “The mitigating evidence that counsel failed to discover and present here is powerful. Petitioner experienced severe deprivation, neglect and physical and emotional abuse as a child… he and his siblings were malnourished and hungry, they lacked adequate clothing and shoes, and were bitten by rats. Petitioner’s younger brother died of starvation. ...His father once tied him to a chair and beat him until a neighbor intervened…When petitioner was only fourteen, he began living in a tent in a junkyard….” Id. at 69

Mr. Sowell is represented by Mark A. Vander Laan, Christopher McDowell, and Richard P. Corthell of the law firm of Dinsmore & Shohl, L.L.P and OPD attorney Randall L. Porter.  This is Mr. Vander Laan’s third victory in a capital habeas case.