COLUMBUS, Ohio — Republican Gov. Mike DeWine has initiated clemency reviews involving death sentences from at least 10 Ohio counties, potentially setting the stage for a series of commutations before he leaves office in January.
The move has drawn opposition from prosecutors, who question whether the remaining weeks of DeWine’s administration provide enough time for victims’ families and other interested parties to participate in the review process.
According to a Nov. 9 report by The Blade, prosecutors in Cuyahoga, Franklin, Hamilton, Montgomery, Summit, Lorain, Mahoning, Warren, Clark and Butler counties have been notified that death penalty cases from their jurisdictions are being considered for clemency.
DeWine has not announced how many death sentences he is reviewing or whether he intends to commute any of them.
His spokesman, Dan Tierney, said the governor began the process in October because Ohio law requires advance notice and review before clemency can be granted.
“Because of the notice requirements, in order for the governor to act on them before he leaves office, the process started in October,” Tierney told The Blade. “The required parties were given notice.”
Tierney emphasized that the governor has not made any final decisions and is evaluating the cases individually.
“This is certainly more of a case-by-case basis as opposed to a blanket process,” Tierney said.
DeWine reinforced that position in a Nov. 9 interview with Cleveland.com, ruling out a universal reduction of Ohio’s death sentences.
“I’ve made the decision that I’m not going to do a blanket reduction as California did,” DeWine said. “We will look at every single case and make decisions based on that case.”
The approach differs from California Gov. Gavin Newsom’s recent announcement that he would commute the death sentences of 548 incarcerated people to life imprisonment without the possibility of parole.
Ohio currently has approximately 106 people on death row, according to Cleveland.com.
A commutation would replace an individual’s death sentence with a lesser punishment, which could include life imprisonment without parole.
DeWine’s decision to begin the reviews follows his announcement in June that he no longer supports capital punishment.
In a June interview with NPR, DeWine explained that he initially supported the death penalty because he believed it would deter people from committing serious crimes.
“It would cause some individuals not to actually commit the crime,” DeWine said, describing his earlier reasoning.
However, after examining Ohio’s experience with capital punishment, DeWine concluded that the death penalty had failed to provide the deterrent effect he once expected.
He also raised concerns about the prolonged appeals process, the impact on victims’ families and the emotional burden placed on those responsible for carrying out executions.
DeWine described that responsibility as a “huge burden” that those involved “will carry with them the rest of their lives.”
Ohio has not carried out an execution since 2018. Since taking office in 2019, DeWine has repeatedly postponed executions because of difficulties obtaining the drugs required for lethal injection.
His administration has maintained that pharmaceutical manufacturers’ restrictions on the distribution of execution drugs have made it impossible to carry out executions without potentially jeopardizing access to medications used for other purposes.
Despite DeWine’s opposition to capital punishment, the death penalty remains authorized under Ohio law.
Under the state’s clemency procedures, the governor must receive a recommendation from the Ohio Parole Board before granting a commutation.
The board investigates individual cases, reviews relevant records and considers information from prosecutors, victims and other interested parties before making a recommendation.
A brief prepared by the Ohio Legislative Service Commission outlines the governor’s clemency authority and the procedural requirements governing these reviews.
Ohio law includes notification requirements intended to provide victims and their families opportunities to participate in the clemency process.
The parole board’s recommendation is advisory, meaning the governor retains the authority to determine whether a death sentence should be commuted.
Prosecutors have objected to the timing and scope of the reviews.
Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association, told The Blade that the clemency process ordinarily takes months and allows prosecutors, victims’ families and members of the public to express their views.
“The commutation process typically takes months and provides prosecutors, the victim’s family, and the public ample opportunity to express their concerns,” Tobin said.
He questioned whether the governor’s decision to begin reviewing numerous cases shortly before leaving office would provide sufficient opportunity for participation.
“Doing this in the short amount of time before he leaves office raises serious questions about whether he is honoring the state’s obligations to the victims of these crimes and to the public,” Tobin said.
In a separate interview with Ohio public radio, Tobin argued that the death penalty remains state law and should continue to be enforced.
The ACLU of Ohio, however, welcomed the governor’s decision to review death sentences.
In a Nov. 9 statement, the organization said DeWine’s evolving position on capital punishment created an opportunity to address problems with Ohio’s death penalty system.
The organization noted that no executions have occurred during DeWine’s administration and urged him to consider the risk of wrongful convictions when deciding whether to grant clemency.
The ACLU also pointed to Newsom’s decision in California, arguing that Ohio faces similar concerns about the reliability and fairness of capital punishment.
Dan Kobil, a professor at Capital University Law School, told The Blade that Ohio governors have historically examined death penalty cases to determine whether the individuals facing execution warrant the state’s most severe punishment.
Kobil said governors have sought to determine whether “the people they were going to execute are indeed the worst of the worst.”
He also questioned whether the prolonged delays associated with capital punishment undermine its effectiveness as a deterrent.
The Ohio Parole Board is scheduled to review several cases in December, including those involving Denny Obermiller, Melvin Bonnell, Freddie McNeill and Stanley Jalowiec.
According to the Cuyahoga County Prosecutor’s Office, Obermiller’s clemency hearing is scheduled for Dec. 1, while Bonnell’s is scheduled for Dec. 7.
DeWine is not required to follow the board’s recommendations, nor must he act immediately after receiving them.
His previous commutation decisions demonstrate that the process can extend over several years.
According to The Marshall Project, the parole board recommended clemency for Gregory Lott in 2020, but DeWine did not commute his sentence until May 2026.
Lott’s death sentence was replaced with life imprisonment without the possibility of parole.
DeWine’s current reviews are taking place as Ohio prepares for a change in administration.
Democrat Amy Acton defeated Republican Vivek Ramaswamy in the Nov. 3 gubernatorial election and is scheduled to take office Jan. 11, 2027.
Acton, a former Ohio health director, has expressed concerns about the state’s death penalty system.
According to the Ohio Capital Journal, Acton said during the campaign that “there are many, many problems with [Ohio’s] death penalty.”
She has pledged to continue Ohio’s moratorium on executions while pursuing a bipartisan approach to the issue.
DeWine has said he is reviewing death penalty cases as part of a broader clemency process that also includes other incarcerated people.
Speaking to Ohio public radio, DeWine said his administration has considered pardons and commutations throughout his eight years in office.
The governor has not indicated when he will announce his decisions or how many death sentences could ultimately be reduced.
The December parole board hearings will provide recommendations for DeWine to consider before his term ends in January.
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