Tuesday, May 01, 2007

True Life: I’m Getting out of Prison

True Life: I’m Getting out of Prison
Are you leaving prison after serving your time? What will you be doing once you’ve regained your freedom? Will you be going home to your family and friends and trying to assimilate back into your old life? Or will you attempt to rebuild your life from scratch in a whole new place?
Are you worried about what the world beyond the fences and walls might have to offer you? Are you afraid to face the people you left behind? How will you handle this new-found freedom and the past you must revisit? If you are getting out of prison soon, MTV wants to hear from you.
If you appear to be between the ages of 18 and 28, and are leaving prison in the next few months, email us at: prison@mtvstaff.com with all of the details of your story.
True Life is MTV's award-winning documentary series that covers topics ranging from pop culture trends to breaking news issues. Using small handheld video cameras our True Life crews are able to blend into the background to capture life unscripted and untouched. This enables us to tell stories from the voices and points-of-view of our characters – putting the series in a unique position of reflecting the state of youth culture at any given moment.
True Life shows that have aired recently include: True Life: I Have Gay Parents, True Life: I’m On Steroids and True Life: I Autism

Wednesday, March 28, 2007

TIM HANCOCK GETS LWOP AFTER OHIO'S FIRST EVER MITIGATION ONLY TRIAL

Tim Hancock became the first person in Ohio to face a jury seated only to decide whether to impose death or a life sentence. Initially, Tim had been convicted and sentenced to death; but the Ohio Supreme Court reversed his death sentence and ordered a new mitigation-phase trial. The second jury voted for life without parole.

Tim Hancock went to prison in 1990 after pleading guilty to Aggravated Murder, a charge reduced from a capital felony-murder of an elderly woman.

On November 13, 2000, Tim was in the Segregation Unit ("the hole") of the Protective Custody Unit in Warren Correctional Institution. He killed his cellmate nine hours after prison officials forced him to accept a cellie. A year later, a jury convicted him and signed a death verdict predicated on two specifications: prior purposeful murder; murder while in detention.

The judge rejected the death verdict after learning that jurors had trial-phase evidence with them during mitigation-phase deliberations that the judge had ruled off limits. He imposed LWOP. He did not override the death verdict based on an independent weighing of the aggravators against the mitigators.

The prosecutor appealed. The District Appellate Court ruled that the spat over the evidence did not give reason to reject the death verdict, and ordered the trial judge to either accept or reject the death verdict on the merits. The judge imposed death.

Tim appealed. The Ohio Supreme Court affirmed his conviction, but remanded for a new mitigation phase trial to clean up the mess.

Tim became the first person under Ohio's 1981 capital statutes to face a jury seated only to consider whether death was appropriate. His trial began with the jurors being told they were bound to accept the first jury's finding of guilt on Aggravated Murder with two capital specifications. That ended the State's case in chief.

Tim presented mitigation on three fronts: Tim suffered from a serious mental illness that influenced his conduct during the murder, even though it fell short of an insanity defense that the first jury rejected; the prison's hands were dirty for violating their double-celling policy; the victim contributed to the cycle of events that led to murder.

Tim is a an extremely volatile man caught in the grip of a mental illness that causes sweeping mood changes, pathological paranoia, and occasional psychotic symptoms. The defense psychologist labeled it Schizoaffective Disorder, Bipolar type, and Borderline Personality Disorder. The prosecution's psychiatrist labeled it Borderline Personality Disorder co-existing with strong evidence of malingering by faking auditory and visual hallucinations. Both agreed that Tim's fifteen year history of mental-health treatment in prison painted the picture of a person with significant mental illness.

Tim's prison records depicted a person intolerant of gay men and hostile towards child rapists. Nearly a decade before the murder, he told prison psychologists he'd been sexually victimized by older males when he was an adolescent; but he denied being a victim on several other occasions. Six years before the murder, he assaulted a cellie for making homosexual advances. The afternoon of the murder, officials forced him to cell with a notorious child rapist who actively engaged in prison sex. A couple of hours before the murder, Tim said the victim made a pass at him, spoke salaciously about how he raped a four year old girl, and described how he had duct-taped her to attic rafters then nailed shut the access panel.

With a combination of trickery and intimidation, Tim cajoled the victim into restraints on the top bunk by saying he wanted to feign an assault to gain a transfer to another prison. Once restrained, Tim told the victim he was going to kill him the way he had tried but failed to kill the little girl. Tim strangled him.

Tim told the police he killed the victim to retaliate against the prison for forcing him to double cell, because of the victim's crime, and because he made a pass.

In mitigation, we played Tim's taped confession to present evidence of how Tim described the victim's conduct in the cell, and to explain how Tim described his reasons for committing the murder. We presented a corrections expert to explain how the prison's double-celling decision violated Ohio policies and national standards. We called two inmates who witnessed Tim protesting the double-celling decision. We presented mental-health evidence from a psychologist who evaluated Tim and his records, and from a Social Worker who treated Tim for several months before the murder. We called the Chairperson of the Ohio Parole Board to testify that, but for Tim's second murder, he almost certainly would have been paroled on his first aggravated murder by the time was near fifty years old, which meant another life sentence would have a punitive impact.

The State's rebuttal worked to Tim's advantage. Their attempt to prove "reasonable compliance" with the double-celling policy sounded like an overly eager cover-up of a bad decision. Their psychiatrist corroborated the serious symptoms of Tim's mental illness despite the fact he disagreed with our expert's diagnosis. And we blocked them from challenging Tim's account of the victim's crimes. They got away with that argument during the first trial by calling Tim a liar whose words about the victim's alleged crimes could not be trusted. This time we stood ready to counter with court documents, police documents, and the testimony of the lead detective. The judge ruled this evidence inadmissible unless the prosecution opened the door by calling Tim a liar again. They kept quiet.

The jurors rejected death and imposed a sentence of life in prison without the possibility of parole.

Mr. Hancock was represented at trial by OPD counsel Greg Meyers, Bill Mooney, and Rachel Troutman. He won the right to a new mitigation trial through the work of OPD counsel Joe Wilhelm, Kelly Culshaw, Rachel Troutman, Justin Thompson, and former OPD Wendi Dotson.

Inquiries about this case may be directed to Mr. Hancock's trial counsel, Greg Meyers, Bill Mooney, or Rachel Troutman. The Ohio Supreme Court's opinion may be accessed through the following link:
State v. Hancock, 108 Ohio St.3d 57, 2006-Ohio-106

http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-160.pdf

Tuesday, March 20, 2007

Timothy Hancock #219467
Man C I Inf 13
PO Box 788
Mansfield
Ohio 44901
USA

Dear Friends and Supporters

As you know I won a mitigation trial and was given life without parole! Actually 888 years and 88 days to be precise.

I am still not abandoing my appeals for a complete new trial!! Not until justice is served for all and the corruption of the Ohio Department of Rehabilitation is exposed.

I want to thank each and everyone who helped, wrote and supported me, a special thanks to Karen, a first class lass she is!! Also to "Harley" Diane and Amnesty International, My neice Jamie and to you all. Linda Colburn, God Bless. Lynne C, write now (smile)
To each and to all of you God Bless and much love.

There is a lot more fight ahead, not only for me, but for the many many wrongfully convicted people. Remember if not for a lot of you, many will be executed.
Its not always how big the fight is, but how much fight we have in us.

Please do write to me and let me know how you all are.

Thanks and God Bless

Tim.

Wednesday, March 07, 2007

Tim back at Mansfield

You can write to Tim at the address below

Timothy L Hancock A219467
Man C I
PO Box 788
Mansfield
Ohio 44901 USA


Email messages can be sent to timothylhancock@yahoo.com
Tim has no access to a computer so any emails will be passed onto him.If you wish a reply by snail mail please add your postal address.Thank you.

Once sentenced to death, killer now faces life in prison

Once sentenced to death, killer now faces life in prison
By Tiffany Y. Latta
Staff Writer
Tuesday, February 27, 2007
LEBANON — A man who once sentenced to die for killing a convicted child rapist will now serve life in prison without the possibility of parole.
After deliberating for five hours, a Warren County jury on Monday night recommended Judge James L. Flannery sentence Timothy L. Hancock, 37, to spend the rest of his life in prison strangling his cellmate Jason Wagoner, a convicted child sex offender.
The jury of eight women and four men could have recommended death, life with the possibility of parole after 25 years or life with the possibility of parole after 30 years.
A different jury recommended in 2001 that Warren County Common Pleas Court Judge Neal Bronson sentence Hancock to death for the murder of Wagner, 25, of Lancaster who was serving 44 years to life for kidnapping and the attempted murder of a 3-year-old Lancaster girl.
But Bronson sentenced Hancock to life in prison after learning jurors wrongly received exhibits — an audiotaped confession and photos — during the sentencing phase.
Bronson later sentenced Hancock to death after the Ohio 12th District Court of Appeals ruled in 2003 that Bronson erred in ignoring the jury's recommendation. However, four Ohio Supreme Court justices ruled in February 2006 that the jury's recommendation of death was invalid and ordered that Hancock get a new sentencing hearing for the crime.
During closing arguments Monday, prosecutors urged jurors to sentence Hancock to death.
Prosecutors told jurors they need not consider Hancock's claims of mental illness, but listen to Hancock's own words as to why he killed Wagner seven years ago.
Hancock was recorded saying he killed Wagner not to avenge the crimes Wagner committed the 3-year-old girl, but instead to teach prison officials a lesson for putting someone in his single cell.
"... I more or less used her as a crutch to just let my anger just (expletive) fly. Because in my mind I'm thinking I bet they won't put anybody else in here...,'' Hancock said.
Hancock's attorney, however, asked jurors to sentence Hancock to life without parole.
Greg Meyers, chief counsel for the Ohio Public Defender, told jurors that Hancock is a sick man who has serious mental problems.
Meyers also blamed the murder in part on Warren County Correctional Institution guards failed to follow protocol before placing Wagner in Hancock's cell.
Meyers said Wagner was placed in Hancock's cell at the state prison on Ohio 63 east in Turtlecreek Twp. despite reports that Hancock was a victim of sexual abuse as a child, hates sex offenders and objected to Wagner being placed in his cell.
He said while Hancock, who is already serving life for a 1989 murder, deserves to be punished for killing Wagner, he doesn't deserve to die.
"There are options. You don't have to kill him,'' Meyers said.

Contact this reporter at (513) 696-4542 or tlatta@coxohio.com.

Tuesday, February 27, 2007

Jury considers death penalty case

Jury considers death penalty case
BY JANICE MORSE JMORSE@ENQUIRER.COM

LEBANON – A jury has begun deliberations in an unusual death-penalty case here.
Judge James Flannery sent the case of Timothy Hancock to a Warren County Common Pleas Court jury around 3:20 p.m. today.
In 2001, a different jury found Hancock guilty in the 2000 strangulation of his cellmate, Jason Wagner, at Warren Correctional Institution in Turtlecreek Township.

The original jury’s recommendation of a death sentence was overturned, and a series of appeals stopped short of granting Hancock a new trial.
In what could be Ohio’s first case of its kind, the state Supreme Court said Hancock’s aggravated murder conviction should stand, but a new jury should consider what sentence to recommend for Hancock. There are four possible choices: death, life without parole, life with parole eligibility after 30 years or life with parole eligibility after 25 years.Although Warren County prosecutors argue that the heinousness of the slaying and other factors call for the death penalty, lawyers from the Ohio Public Defender’s Office presented evidence attempting to persuade the jury to spare Hancock’s life.Hancock, 37, is already serving a life sentence for the 1989 robbery and slaying of an elderly woman in Allen County, where he previously lived.

Jury again decides convicted prison killer's fate

Jury again decides convicted prison killer's fate
Staff Writer
Monday, February 26, 2007
LEBANON — A Warren County jury is considering whether a man convicted of killing his cellmate in a state prison should be sentenced to die.
Jurors began deliberating at 3 p.m. Monday after hearing five days of testimony about the events that led Timothy L. Hancock, 37, to kill child sex offender Jason Wagner.

The jury of eight women and four men can sentence Hancock to death, serve life with the possibility of parole after 25 years, life with the possibility of parole after 30 years or life with without the possibility of parole.
A different jury recommended in 2001 that Warren County Common Pleas Court Judge Neal Bronson sentence Hancock to death for the murder of Wagner, 25, of Lancaster who was serving 44 years to life for kidnapping and the attempted murder of a 3-year-old Lancaster girl.
But Bronson sentenced Hancock to life in prison after learning jurors wrongly received exhibits — an audiotaped confession and photos — during the sentencing phase.
Bronson later sentenced Hancock to death after the Ohio 12th District Court of Appeals ruled in 2003 that Bronson erred in ignoring the jury's recommendation. However, four Ohio Supreme Court justices ruled in February 2006 that the jury's recommendation of death was invalid and ordered that Hancock get a new sentencing hearing for the crime.
During closing arguments Monday, prosecutors urged jurors to sentence Hancock to death.
Prosecutors told jurors they need not consider Hancock's claims of mental illness, but listen to Hancock's own words as to why he killed Wagner seven years ago.
Hancock was recorded saying he killed Wagner not to avenge the crimes Wagner committed the 3-year-old girl, but instead to teach prison officials a lesson for putting someone in his single cell.
"... I more or less used her as a crutch to just let my anger just (expletive) fly. Because in my mind I'm thinking I bet they won't put anybody else in here...,'' Hancock said.
Hancock's attorney, however, asked jurors to sentence Hancock to life without parole
Greg Meyers, chief counsel for the Ohio Public Defender, told jurors that Hancock is a sick man who has serious mental problems.
Meyers also blamed the murder in part on Warren County Correctional Institution guards failed to follow protocol before placing Wagner in Hancock's cell.
Meyers said Wagner was placed in Hancock's cell at the state prison on Ohio 63 east in Turtlecreek Twp. despite reports that Hancock was a victim of sexual abuse as a child, hates sex offenders and objected to Wagner being placed in his cell.
He said while Hancock, who is already serving life for a 1989 murder, deserves to be punished for killing Wagner, he doesn't deserve to die.
"There are options. You don't have to kill him,'' Meyers said.

Contact this reporter at (513) 696-4542 or tlatta@coxohio.com.

Saturday, February 24, 2007

Sign The Petition

http://www.gopetition.com/online/7582.html

Please pass on to your contacts also.

Send Tim a card of support

Please take time to send Tim a card of support and encouragement

Timothy L Hancock A219467
Lebanon Correctional Institution (LeCI)
P. O. Box 56
Lebanon,
Ohio 45036

Email messages can be sent to timothylhancock@yahoo.com

Tim has no access to a computer so any emails will be passed onto him.
If you wish a reply by snail mail please add your postal address.

Thank you.

Friday, February 23, 2007

Expert: Pervert, killer were inapt cellmates

Expert: Pervert, killer were inapt cellmates
BY JANICE MORSE JMORSE@ENQUIRER.COM

LEBANON - Prison officials helped set the stage for murder by housing Timothy Hancock, a convicted killer who hated sex offenders, in a cell with child rapist Jason Wagner, an expert witness told a Warren County jury Thursday.
In the first Ohio case of its kind, the jury will consider whether to reinstate a previous jury's recommendation of a death sentence for Hancock. The 37-year-old Allen County man was granted a new "penalty phase," but not a new trial, after a series of appeals of his 2001 conviction and death sentence in Wagner's strangulation.
The killing happened in 2000 at Warren Correctional Institution, a state-run prison in Turtlecreek Township.

Testimony and closing arguments could wrap up Monday, followed by jury deliberations. The jury will be asked to choose among four sentences: death, life with no parole, life with possibility of parole after 30 years and life with possibility of parole after 25 years. Hancock is serving a life sentence for the 1989 robbery and slaying of an elderly woman in Allen County.
Although Warren County prosecutors argue that the heinousness of the slaying and other factors call for the death penalty, lawyers from the Ohio Public Defender's Office are presenting evidence attempting to persuade the jury to spare Hancock's life.
Testifying for the defense, Steve J. Martin, a Texas corrections consultant, told the jury that Warren Correctional Institution officials violated state and local policies when they failed to properly collect and assess information about the character of Hancock and Wagner before putting them together in 2000.
There were factors "compelling that these two particular inmates be housed in different cells," Martin said.
As a convicted child rapist, Wagner was despised by other inmates, Martin said. Wagner also had a history of mental illness and mild mental retardation, and openly talked about his crime, making him more vulnerable to attack. Records describe him as small in stature and weak, Martin said.
"In his case, any one of those factors could have been ... enough to keep him by himself," Martin said.
Hancock had a documented chronic history of mental illnesses, violence, and dislike of sex offenders. He also objected to sharing a cell with Wagner, Martin said.
Because of both inmates' histories, "There was a failure to manage what is an obvious and known risk. ... them coming together in a cell," Martin said.
Josh Engel, Warren County assistant prosecutor, attacked Martin's credibility, noting he lacked knowledge of Ohio prison statistics that would have a bearing on how often inmates are put into cells in pairs.

Killer's claim: prison made errors

Killer's claim: prison made errors
BY JANICE MORSE JMORSE@ENQUIRER.COM

LEBANON -- Prison officials helped set the stage for murder by housing Timothy Hancock, a convicted killer who hated sex offenders, in a cell with child rapist Jason Wagner, an expert witness told a Warren County jury this morning.
In the first Ohio case of its kind, the jury is considering whether to reinstate a previous jury's recommendation of a death sentence for Hancock. The 37-year-old Allen County man was granted a new "penalty phase," but not a new trial, after a series of appeals. The jury was seated Wednesday; officials expect testimony and closing arguments to wrap up on Monday.
Although Warren County assistant prosecutors argue that the heinousness of the slaying and other factors call for the death penalty, lawyers from the Ohio Public Defender's Office are presenting evidence attempting to persuade the jury to spare Hancock's life.

Testifying for the defense, Steve J. Martin, a Texas corrections consultant, told the jury today that Warren Correctional Institution officials violated state and local policies when they failed to properly collect and assess information about the character of Hancock and Wagner before they put the inmates together in 2000.There were factors “compelling that these two particuclar inmates be housed in different cells," Martin said. As a convicted child rapist, Wagner was despised among other inmates, Martin said.Wagner also had a history of mental illness and mild mental retardation, and openly talked about his crime, making him more vulnerable to attack. Further, records describe him as small in stature and "weak," Martin said. "In his case, any one of those factors could have been...enough to keep him by himself," Martin said. Hancock had a documented chronic history of mental illnesses, violence, and expressed dislike of sex offenders. He also objected to sharing a cell with Wagner, Martin said. Because of both inmates' histories, "There was a failure to manage what is an obvious and known risk...Them coming together in a cell," Martin said.Josh Engel, Warren County assistant prosecutor, attacked Martin's credibility, noting he lacked specific knowledge of Ohio prison statistics that would have a bearing on how often inmates are put into cells in pairs and how many are in prison for crimes against other people.

5 years after conviction, man still could face death penalty

5 years after conviction, man still could face death penalty
BY JANICE MORSE JMORSE@ENQUIRER.COM

LEBANON - In a case believed to be the first of its kind in Ohio, a Warren County jury will consider whether a convicted killer should get the death penalty even though a different jury heard his case more than five years ago.
A jury began hearing evidence Wednesday in the strange case of Timothy Hancock, which has been bouncing among various courts since a jury convicted him of strangling his prison cellmate in late 2001.
"We've never done this before," Warren County Prosecutor Rachel Hutzel said. "The jury that decided guilt will not be the jury that decides whether he gets death."
Hutzel said she is unaware of any other Ohio cases involving those peculiar circumstances.
Testimony is expected to resume today in Warren County Common Pleas Court in Lebanon. Judge James Flannery is presiding.
A series of higher court decisions stopped short of granting Hancock a new trial but granted him a new "penalty phase," Hutzel said.
After a defendant is convicted in a death-penalty trial, jurors weigh the seriousness of the crime against psychological or other factors, then recommend a sentence to a judge - life with parole eligibility, life with no possibility of parole, or execution.
A former Allen County resident, Hancock, 37, was already serving a life prison term for a 1989 slaying when he killed child rapist Jason Wagner in 2000 at Warren Correctional Institution, a state prison in Turtlecreek Township.
A jury convicted Hancock in Wagner's death and recommended a death sentence. Judge Neal Bronson rejected that sentence because a bailiff mistakenly allowed jurors to see potentially inflammatory evidence.
Bronson imposed a sentence of life without possibility of parole but changed that sentence to death in 2003 after a Middletown appeals court ruled that the jurors should have been allowed to see the death photos of Wagner as they considered the death penalty.
Ultimately, the Ohio Supreme Court ruled that Hancock was entitled to a new penalty phase of his trial, Hutzel said.

Sunday, February 11, 2007

Support needed in court

I am going back to trial begining 20th Feb in Lebanon Ohio.

The Court is The Warren County Court of Common Pleas.500 JUSTICE DRIVE, LEBANON OHIO 45036TELEPHONE (513) 695-1000/422-9191/425-1000/925-1000/783-4993

Times and dates of the trial.

02-20-2007 022007 09:00 AM FOUR DAY JURY TRIAL 02-21-2007 022107 09:00 AM FOUR DAY JURY TRIAL 02-22-2007 022207 09:00 AM FOUR DAY JURY TRIAL 02-23-2007 022307 09:00 AM FOUR DAY JURY TRIAL

In case I do recieve the death sentence again, I want to challenge those of you who may have doubt of the injustice to come and watch. Listen and see for yourself and then Judge the truth. It's only by caring people and by someone who has no voice, can truly be heard!!

I NEED people to come and support me in that court in February. Please try to be there.

Tim

http://torley.org/Tim-Hancock/Tim-Hancock/

Timothy Hancock 219 467Man C I, DR 3PO Box 788MansfieldOhio 44901 USA

Tuesday, January 09, 2007

Letter from Tim

Timothy Hancock 219 467
Man C I, DR 3
PO Box 788
Mansfield
Ohio 44901 USA

Letter Written 2 January 07

Dear Friends and Supporters

Thank you for the many birthday and Christmas cards I recieved. It truly lifted my spirits and although I can't respond to them all I want you to know how much you are appreciated.

I want to thank Karen Torley for her support, if not for her, I doubt my story would be out there! Much love to you Karen.

I plan on sending out more information and some better pictures of me. I want to put a face to the injustice I have faced and also to the man who paid with his life for the corruption of the State of Ohio.

Karen, my trial is February 20th at Warren County in Lebanon Ohio. I need you to burn that computer up and come through for me. I have no one but you to help me.

Try Maria Durant, ABC 6/Fox 28 Columbus or Tim Taylor 19 Action news in Cleveland. Send them all the info on my case please.

I need people to help get media to that court room.

You may think that, "Well if I write on Tim's behalf, I am only one voice"
That is a misconception!! Every single letter soon add's up to a huge protest.

I am going back to trial on 20th Feb in Lebanon Ohio. In case I do recieve the death sentence again, I want to challenge those of you who may have doubt of the injustice to come and watch. Listen and see for yourself and then Judge the truth. It's only by caring people and by someone who has no voice, can truly be heard!!

I NEED people to support me in that court in February. Please try to be there.

You could help by flooding the media I mentioned above in Ohio asking them to do an Investigative Report and by sending emails of protest to Mr Andy Sievers Ass County Prosecutor of Warren County Ohio and let him know you know how bad my case went.

Details of my case are on http://torley.org/Tim-Hancock/Tim-Hancock/The-Tim-Hancock-and-Jason-Wagner-Story.-731-73.html

Thanks to Linda Colburn- "Harley", also Lynn Cameron, if you read this please write me! Thanks to everyone who has written me. I can't name them all. (smile) Thank you!

Again to Karen, who has had an up and down 2006, Karen you are my angel. I can honestly say that if not for you, I would have ended my life long ago.

To any of you single women out there who dares to write a Yank, please do. My life is void,, my heart is hard but my love is strong. (smile)

Again to one and all. Let's raise our voices as one and unite in a cause to fight for Justice and against a corrupt government.

Happy New Year

And God Bless

Tim Hancock


www.torley.org has info on my case