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.