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FOR
IMMEDIATE RELEASE
April
13, 2004
Ohio
Public Defender files on behalf of next
Ohioan scheduled for execution
(Columbus)—The Office of the Ohio Public Defender today
filed motions in state and federal court on behalf of Gregory
Lott, who is scheduled to be executed on April 27. The Public
Defender is arguing that Lott is innocent, and that his execution
would be an unconscionable miscarriage of justice.
The core argument in the motions filed with both courts asserts
that prosecutors withheld critical evidence during Lott’s trial:
- The murder victim, John McGrath, described his assailant to
police as a black man with a very light complexion and long,
straight hair. Gregory Lott has a medium to dark complexion
and short hair. During the trial, the prosecutor hid from Lott’s
defense counsel the police record that contained Mr. McGrath’s
description.
- Mr. McGrath also told police that he recognized his
assailant from his barbershop. The prosecutor hid this
evidence from Lott’s defense counsel, robbing them of the
opportunity to investigate the barbershop themselves.
- At trial, the prosecutor claimed that Lott intentionally
carried lamp oil into Mr. McGrath’s house with the intent to
burn the victim to death—this was used to prove premeditated
murder. One month before trial, the prosecutor instructed a
detective to find out if Mr. McGrath had any reason to have
lamp oil in his house. The detective filed a report saying
that Mr. McGrath had an oil lamp in his house; hence, he had
reason to have lamp oil. The prosecutor hid this report from
defense counsel and then lied in his closing argument about
the fact that Mr. McGrath had reason to have flammable lamp
oil in his house when he declared that, "Nothing in that
man’s house uses kerosene or lamp oil."
- The police pressured a witness to identify Lott, and falsely
encouraged her to believe that Lott had used makeup to lighten
his skin tone.
- The prosecutor relied on a detective's highly suspect claim
that Lott partially confessed, which Lott denies.
Attached to this release are four .pdf documents: Lott’s core
innocence argument, and the attached exhibits referenced in the
pleadings (divided into two .pdf files and one .jpg file), including a color
photograph the police took of Mr. Lott when they arrested him,
which shows he does not have a "very light complexion."
FOR MORE INFORMATION:
Amy Borror, Office of
the Ohio Public Defender 614-644-1587
Email: amy.borror@opd.state.oh.us
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