Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·NOVEMBER 3, 2003

The U

The U

1 MIN READ
The U.S. Supreme Court reinstated a death sentence against an Ohio man convicted of killing a Toledo convenience store clerk 20 years ago. In a short, unsigned opinion, the high court reversed a Nov. 5, 2002 (see) lower federal court that had lifted Gregory Esparza's death sentence. That court had ruled that the trial jury should have been told that they had to find Esparza was the "principal offender" to make him eligible for the death penalty under Ohio law. Esparza was the only person charged in the Feb. 12, 1983 robbery-murder of Melanie Gerschultz, 38. The Supreme Court found that the jury instructions met constitutional and procedural tests and that a state court was correct when it ruled against Esparza on the same question years ago. The case is Mitchell v. Esparza, 02-1369.
SOURCES
  • (Sources: Toledo Blade and Associated Press)