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Government and Politics


Cuyahoga prosecutors seek clemency for death row inmate
Defense attorneys are asking the Ohio Parole Board to commute the death sentence for Arthur Tyler
by WKSU's ANDY CHOW


Reporter
Andy Chow
 
Arthur Tyler is scheduled to be executed next month for killing an elderly Cleveland man.
Courtesy of Ohio Department of Corrections
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In The Region:

Defense attorneys are asking the Ohio Parole Board to commute the death sentence of a Cleveland man convicted of a 1983 murder. But as Statehouse correspondent Andy Chow reports, in an unusual twist, the prosecutor’s office is also asking for mercy for him.

LISTEN: Mixed feelings over Arthur Tyler's fate

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The defense team for Arthur Tyler, who’s scheduled to be executed next month, says an innocent man is on death row. While arguing for clemency before the parole board, Tyler’s attorneys unraveled a long and complicated history of the 1983 robbery during which produce vendor Sander Leach was killed.

The main piece of evidence, according to the defense, is testimony by an alleged accomplice Leroy Head. But Tyler’s lawyers say Head only testified against Tyler after a prosecutor threatened Head himself with the death penalty.

In a video presentation before the Parole Board, the defense says Head is actually the man who pulled the trigger.

“In April 1986, Leroy Head signed a written statement consistent with his second statement that he alone attempted to rob and indeed shot while Arthur was inside the meat market attempting to cash a check.”

Questions of miconduct 
Vicki Werneke with the public defender’s office says alleged misconduct by the prosecutors and judge led to Tyler’s conviction and death sentence.

“At the conclusion, we hope that the board would agree that there is grave doubt about Arthur’s guilt in this case — the unfairness of the death sentence considering that Leroy Head is now walking free in Cleveland — that clemency is the only avenue available to correct this disparity.”

Tyler’s attorneys called his sister, Francine Hawkins, to speak before the Parole Board. Hawkins discussed her childhood with Tyler and how he started getting mixed-in with the wrong crowd. But Hawkins says Tyler is a different person now.

The defense also brought in Tyler’s friends whom he met through a faith-based organization while in prison.

A call for consistency
In a rarer move, Allan Regas with the Cuyahoga County Prosecutor’s Office told the board that he also believes Tyler should be granted clemency. But Regas says that’s not because he agrees with the defense.

“This was not an easy case when we decided to seek clemency in the death penalty. But we believe, because we would not go to a jury and ask for a death penalty today, we can’t in good conscience do that before this board and to the governor and ask for a death penalty where we would not do that under the same circumstances with the same evidence today.”

Still guilty
While Regas believes Tyler should not be executed, he was unwavering in his argument that Tyler was the main offender in Leach’s death -- adding that Tyler is not the reformed man his friends seem to believe.

“He's manipulative. He’s manipulated people on the outside to get support while continuing to question authority very vocally and in the past very seriously while in prison.”

The prosecutor’s office wants the board to change Tyler’s sentence to life without parole. The board is expected to announce its decision in the coming weeks.

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