The Ohio Supreme Court on Wednesday unanimously upheld the death sentence for an inmate who murdered a fellow prisoner at the Warren Correctional Institute in Lebanon, outside Cincinnati, in 2019.
COLUMBUS, Ohio –
Victoria Drain pleaded no contest to charges, including aggravated murder, and requested a three-judge panel consider her case rather than a jury. As she was appealing the case, Drain legally changed her name from Joel DrainWriting for the court, Justice Sharon L. Kennedy explained that Drain admitted to planning inmate Christopher Richardson’s death.
A new mitigation hearing was needed because Drain’s attorneys failed to investigate and present mitigating evidence, she wrote. And “there is a reasonable probability that, but for the counsel’s deficient performance, Drain would have been spared the death penalty.” Kennedy, a Republican, and Brunner, a Democrat, are running for the chief justice position in the Nov. 8 election.
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