Skip to main content

Exonerated death row inmate can sue Ohio: state supreme court

Dale Johnston, 82,spent six years on Ohio death row for a double murder he did not commit.
Dale Johnston, 82,spent six years on Ohio death row for a double murder he
did not commit.
An Ohio man who spent six years on death row for a double murder he did not commit can pursue a wrongful imprisonment lawsuit against the state, the Ohio Supreme Court ruled on Wednesday.

Dale Johnston, 82, was found guilty in 1984 of murdering his stepdaughter and her fiance and sent to death row where he remained until his conviction was overturned in 1990.

He was released from prison after a court granted a motion to suppress his initial police interrogation and a series of rulings found that prosecutors failed to disclose key evidence and that testimony from a hypnotized witness was inadmissible.

Johnston sued Ohio for wrongful imprisonment in 1993, but a court ruled he had not proven he did not commit the murders.

After police reopened the case in 2008, Chester McKnight pleaded guilty to the murders and three years later Johnston won in a second wrongful imprisonment lawsuit against the state.

An appeals court overturned Johnston's victory, finding that a state law amendment in 2003 that allows for procedural errors to be taken into account in wrongful imprisonment cases did not apply retroactively. He appealed to the state's top court.

In an unanimous ruling on Wednesday, the Ohio Supreme Court ruled that the state law change should have been applied retroactively, reversing the appeals court decision and sending the case back to the trial court.

Johnston's lawyer could not be reached immediately for comment.

The Ohio Attorney General's Office will challenge the case at the trial court because it believes the lawsuit falls outside the statute of limitations and should not be allowed after the first one failed, spokesman Dan Tierney said.

Source: Reuters, Brendan O'Brien, October 29, 2015


Ohio: Former death row inmate urges repeal of ultimate penalty

Joe D'Ambrosio: “If this can happen to me, it can happen to you.”
Joe D'Ambrosio: “If this can happen to me, it can happen to you.”
Death row inmate Joe D’Ambrosio articulated Wednesday in personal terms how it felt to be exonerated of murder after decades behind bars.

“It was surreal,” he said. “It truly is because you dream of that day. They had my body but not my mind.”

D’Ambrosio, who resided more than 20 years in an Ohio prison on a capital conviction before he was freed in 2012, said he was falsely accused and the victim of perjury by a killer angling for a plea bargain. Surviving captivity led D’Ambrosio to participate in the Witness to Innocence organization and contribute to campaigns to repeal the death penalty.

“If this can happen to me, it can happen to you,” the U.S. military veteran said. “I have to put a stop to it. I think that’s why God saved me.”

He said court-appointed legal representation at his murder trial, which set a record for brevity at less than three days, was inadequate. He expected to benefit from a Cleveland public defender on the order of television’s Perry Mason, but “what I ended up having was Barney Fife.”

He spoke of his legal nightmare to a group at Washburn University. The event was sponsored by the Kansas Coalition Against the Death Penalty and Ichtus Campus Ministry.

In September 1988, a jogger found the body of a teen in a Cleveland creek whose throat was slashed and chest stabbed. D’Ambrosio was among three men charged with murder.

One defendant pleaded guilty, received a 15-year sentence and testified against D’Ambrosio and the third suspect, who separately were convicted and sentenced to death.

D’Ambrosio said he was at home asleep during the slaying. A priest with legal and medical training who visited death row inmates agreed to look into his case, and his diverse training enabled him to detect irregularities in the case.

“It’s God sent and not luck,” D’Ambrosio said. “He had to be the priest. He had to be the attorney. He had to be the registered nurse.”

In a 2004 appeal, D’Ambrosio’s attorneys uncovered a trove of information hidden at trial. His conviction was vacated in 2006, and he was released after the state didn’t proceed with a new trial.

Appellate court decisions in 2011 and 2012 precluded renewed prosecution of D’Ambrosio.

Source: CJ Online, Tim Carpenter, October 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Saudi Arabia | New Executions of Ethiopian Migrants

At Least 17 Executed for Non-Lethal Drug-Related Offenses in 2026 (Beirut) – Saudi authorities executed five Ethiopian migrants for nonlethal drug-related offenses on July 27, 2026, without due process, Human Rights Watch said today. Saudi authorities have executed at least 17 Ethiopian nationals since the beginning of 2026 on drug-related charges. At least 79 more remain at imminent risk of execution on similar charges. Saudi authorities have executed at least 116 people in 2026 as of July 27, according to the European Saudi Organization for Human Rights.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.