Skip to main content

Ohio | "I've judged, prosecuted death penalty cases. Only way to restore fairness is to repeal it"

Retired Judge James Brogan began his legal career in 1967 as an Assistant Prosecuting Attorney in Montgomery County. He was elected in 1980 and served five terms on the Ohio Second District Court of Appeals before retiring in 2011.

My involvement with the death penalty runs deep.

I dealt with capital punishment cases as a prosecutor and judge in Montgomery County.

In 2011, I was appointed by the then-chief justice of the Ohio Supreme Court to serve as chairman of the Joint Task Force on the Administration of Ohio’s Death Penalty.

I do not oppose the death penalty in concept, but because it fails as an effective public policy, I support current legislation to repeal Ohio’s capital punishment statute.

When Ohio reinstituted the death penalty in the late 1990s, both the electric chair - 'Old Sparky" - and a bed for lethal injection were available in the death chamber at the Southern Ohio Correctional Facility outside of Lucasville. Now both methods have been ruled out, leaving state policymakers struggling to come up with an alternative.

The Task Force grew out of a 2007 American Bar Association study of the causes of wrongful convictions. Ohio currently accounts for 11 of the 195 death row inmates who have been legally exonerated since 1973.

Ohio failed to meet 93% of the bar association's standards for fairness and accuracy in a capital punishment system. Our charge was to explore ways to reform and correct Ohio’s capital punishment processes. In 2014, our final report proposed 56 specific corrections to problems we identified.

What happened with our recommendations?


The Ohio Judicial Conference has addressed many of the procedural changes we suggested, but the Ohio General Assembly has done very little to address the recommendations which require implementation by legislation.

As a whole, the Task Force report has never been formally discussed in any subsequent General Assembly, however, I am grateful that one of our most substantive recommendations was enacted.

In 2021 a narrowly crafted bill disallowed the execution of defendants with severe mental illness at the time of the crime. 

The Ohio Prosecuting Attorneys Association is vehemently opposing the death penalty repeal legislation, suggesting the death penalty might instead be fixed. The good news here is that the association admits there are problems.

The late Terry Collins oversaw 33 executions as director of the Ohio Department of Correction and Rehabilitation. He called the severe mental illness prohibition a “no brainer,” saying that nothing should stand in the way of that particular reform. But because of vehement opposition by the Ohio Prosecuting Attorneys Association, it took six years – three General Assemblies – to pass the severe mental illness bill and have it signed into law.

Another recommendation that went nowhere was our call to look into the needs of murder victim families and the services available to them in Ohio.

A bill passed in the lame duck session in 2014 established a joint committee of the legislature, which took nearly a year to hold its first meeting. They held a series of hearings, but never issued a report or sought to implement any changes.

That is why I am heartened that current legislation diverts funds from our capital punishment system into improving services for Ohio’s co-victim community. 

How many executions does Ohio have planned?


Ohio currently has 31 executions scheduled over the next several years, but none have taken place under Gov. Mike DeWine’s consistently pro-life leadership.

I wrote to DeWine in January, 2018, just after he took office, urging him to declare that no executions would take place until the Task Force reforms are implemented. I urged the governor to adopt a policy that no Ohioan be executed if any substantial reform recommendation would have precluded a death sentence in the first place.

The execution pending at that time was of Warren Henness, a Franklin County case. At least 30 of the Task Force recommendations would have applied in his case. Had they been in place, Henness would not have faced the death penalty. I suspect most of the people with pending execution dates would have similar concerns. 

I urge the Ohio General Assembly to act now to restore fairness and integrity to Ohio’s criminal justice system by repealing Ohio’s death penalty.

The attempts to fix the system have failed – it is time to end it.

Source: dispatch.com, James Brogan, Opinion, November 16, 2023. Retired Judge James Brogan began his legal career in 1967 as an Assistant Prosecuting Attorney in Montgomery County. He was elected in 1980 and served five terms on the Ohio Second District Court of Appeals before retiring in 2011.


_____________________________________________________________________











Most viewed (Last 7 days)

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Florida Cop-killer Billy Kearse set to be executed today

A man who confessed to fatally shooting Fort Pierce Police Officer Danny Parrish with his own service weapon during a 1991 traffic stop is scheduled to be executed starting at 6 p.m. March 3, barring a last-minute stay. Billy L. Kearse, 53, will be the third person put to death by the state this year, just one week after the execution of Melvin Trotter, who was convicted of first-degree murder and sentenced to death for strangling and stabbing Virgie Langford in Palmetto in 1986. The Florida Supreme Court on Feb. 12 denied a motion for a stay of execution and a motion for an extension due to the fading health and death of the father of Kearse's attorney. Attorneys for Kearse have filed a motion with the U.S. Supreme Court to stop the execution, citing violations of the Sixth, Eighth and 14th Amendments of the United States Constitution.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Georgia | Death penalty sought against woman in brutal killing of 4-year-old

GAINESVILLE, Ga. — Prosecutors in Hall County are seeking the death penalty against a woman accused of the brutal killing of a 4-year-old girl whose body was found in a parked car last fall. In a court filing Monday, the State announced its intent to pursue capital punishment for Jessica Motes, who faces a litany of charges including malice murder, felony murder, aggravated battery, and first-degree cruelty to children. The case began on Oct. 26, 2025, when authorities discovered the body of 4-year-old Autumn Fox. The child’s remains were found inside the trunk of a vehicle parked at a Sam’s Club in Oakwood, approximately 50 miles northeast of Atlanta.