“The court further finds that in the event of an imminent security risk, these procedures may be modified, depending on the circumstances presented and the nature of the risk,” Oda said in a ruling on security precautions for the trial.
Prosecutors are seeking capital punishment for Myers, but reached an agreement last week with co-defendant Timothy Mosley in which he agreed to testify against Myers in exchange for death penalty specifications being dropped from his charges.
“The sentence of death is effectively off the table,” Oda told Mosley during a hearing Wednesday. Mosley still faces a maximum of life in prison without parole.
Officials said they have received credible threats against Mosley and Myers.
Myers and Mosley, also 19, of Clayton, faced the same charges, accusing them of strangling and stabbing to death Justin Back, 18, in January during a burglary at his home east of Waynesville.
They allegedly dumped Back’s body in woods in Preble County. Back was shot twice and his body doused with septic system chemicals designed to hasten the decomposition of his body.
Back, a popular 2013 graduate from Waynesville High School, was about to enter the U.S. Navy. His death prompted a memorial service at the school.
Myers and Mosley are the first defendants brought into the court through an entrance added as part of a $6.5 million building expansion to the court complex in Lebanon. Last week, other inmates were still being brought into the courthouse through public hallways, although guards took steps to separate them from other people in the courthouse.
In addition, Oda has agreed Myers’ restraints will be hidden behind a “modesty panel.” Myers will also be allowed to consult his own papers and use a “court-approved writing instrument.” Undecided is whether he will be allowed to bring a Bible to court.
Prosecutors and Mosley’s lawyers declined to comment on the plea agreement, which is contingent on Mosley testifying against Myers.
“Our office will not be making any comment … nor will we be producing any documents until after the Myers and Mosley cases have concluded,” Warren County Prosecutor David Fornshell said in an email Thursday.
Myers’ lawyer, Greg Howard, said he would submit Mosley to the same level of cross-examination as other witnesses brought by the prosecution. He indicated prosecutors were ready to proceed with a death penalty case against Mosley before the plea was reached.
Prosecutors are expected to call 40 to 50 witnesses and submit more than 200 exhibits in Myers’ trial.
While declining to provide specifics, Howard — who has defended more than 20 defendants in death penalty cases — said Myers is unfairly charged.
Myers spent time in schools in Centerville, Waynesville and the Northmont district, and was involved in programs through Kettering Youth Services, according to court records.
His parents divorced, and Myers’ father lives in Clayton, his mother Waynesville.
“He’s a 19-year-old kid,” Howard said. “He doesn’t have a criminal record. We’re not quite sure why he’s been charged with the things he’s been charged with.”
Myers’ mother watched in the courtroom last week as court officials worked out the final details of the trial, but she declined to comment.
Death penalty decisions
The death penalty is still legal in Ohio, but a moratorium on executions is expected to continue into next year.
In Ohio and around the U.S., problems in executions using lethal injections have prompted authorities to reconsider the death penalty. Fewer drug makers are producing the lethal chemicals.
With shortage in traditional chemicals, executions conducted with alternative compositions have been used in cases where inmates appeared to live for close to an hour after injections.
“This is both an Ohio issue and a national issue,” said Lori Shaw, a professor of lawyering skills at the University of Dayton. “It’s becoming increasingly hard to get the drugs.”
The death penalty remains legal in 32 U.S. states, while much of the rest of the world has discontinued its practice.
In the U.S., courts have limited its use, ending death penalty charges for juveniles and mentally disabled defendants, Shaw said.
“The U.S. Supreme Court has been incrementally pulling in the death penalty,” she said. “Still overall, it’s allowed.”
Other questions have been raised after reviews of cases, some using new DNA research, proved the innocence of death row inmates and left in doubt executions that have already been carried out.
“I think we’re going to see more Supreme Court cases,” Shaw said. “Essentially we are the only country in the Western World that continues to use the death penalty. On an international basis, we kind of stand out.”
In Myers’ case, more than 120 potential jurors will be questioned, first to determine their fitness to decide a death penalty case.
Fornshell said his position on capital punishment was irrelevant.
“At the end of the day, we are asking for the death penalty against Austin Myers. That’s not my decision. That’s up to the citizens of Warren County,” he said. “We’re going to give them all the information to make that determination, then it’ll be in their hands.”
About the Author
