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.
Tuesday, February 27, 2007
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.
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
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.
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.
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.
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.
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
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
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