Skip to main content

Ohio dad could still face death penalty in massacre of 3 sons after judge tosses confession

Chad Doerman was charged with murdering his sons, ages 3, 4 and 7

Even after a judge tossed the alleged confession of an Ohio dad accused of executing his three sons and shooting their mother's hand, he could still face the death penalty, experts say.

Ohio law makes capital punishment a possibility in certain murder cases – including when there is a child victim.

"The confession isn’t a mitigating or aggravating factor, so it doesn’t affect the death penalty one way or another," said Neama Rahmani, a Los Angeles-based attorney and former federal prosecutor.

During his arraignment in June, Clermont County prosecutors said Chad Doerman, 33, had admitted to lining up the boys, ages 3, 4 and 7, before he shot them in the head. He is accused of shooting the third in the back as he ran in terror before catching up and finishing him off in what prosecutors called "an unspeakable act of savagery." 

"Even though the judge tossed the confession, there is overwhelming evidence that Doerman killed his three young sons, and prosecutors should have no issues securing a conviction," Rahmani said. "The lesson is, law enforcement should read directly from the Miranda card provided by their department, and not ad lib. And if a suspect asks for a lawyer, officers should confirm the request and cease questioning."

Police arrived to find him sitting calmly next to a rifle as his wounded wife, 35, bawled over the victims in their yard.

There were multiple witnesses, according to police records, including two surviving victims, firefighters stationed across the street and passing drivers. 

"I don’t think it is going to affect the case at all," said Joseph Giacalone, a former NYPD sergeant and professor at John Jay College of Criminal Justice. "They have plenty of information, evidence and eyewitness accounts, including the recovery of the rifle that was right next to him, ballistics and everything else."

Doerman's teenage stepdaughter called 911 to report "her father was killing everyone in the house." Firefighters at the firehouse across the street ducked for cover and witnessed part of the shooting. Another 911 caller described the shooter as a White male in a green shirt and blue jeans – matching what Doerman is wearing on bodycam video from responding officers, who found him sitting calmly on the porch next to a rifle with his wife screaming over their dead children on the grass just a few feet away.

It is rare for detectives to fail to meet Miranda standards, Giacalone said, especially in such a high-profile case.

"If they didn’t have the eyewitnesses, this would’ve been a huge problem," he added.

"To have the confession thrown out because of shoddy police work, because they didn't fully read the Miranda card…wow.," says David Gelman, defense attorney and former prosecutor

Bodycam video shows Doerman ignoring the commands of responding officers, who threw him to the ground and placed him in handcuffs. Before they asked any questions, he told them he was "completely sober." 

Although a deputy told him to "shut up" and reminded him of his right to remain silent while walking him to the back of a cruiser, the judge found police violated Doerman's Miranda rights twice.

"Can you get the wallet out of my pocket?" Doerman can be heard asking on bodycam video.

"Shut up, dude – you have the right to remain silent," the deputy replies. "F---ing use it."

The first violation came with a detective "failed to properly and fully" read Doerman his Miranda rights prior to interrogation once he arrived at the sheriff's office, Judge Richard Ferenc wrote last week. The second came when Doerman told interrogators "I'll wait for a lawyer," but the questioning continued.

"This is terrible police work, and honestly, they should be embarrassed," said David Gelman, a defense attorney and former prosecutor based in New Jersey who has been following the case.

A Miranda card must be read in full to the defendant before questioning, he said. However, according to the judge, tapes from the interrogation show the detective failed to inform Doerman he had a right to have an attorney present during questioning.

The sheriff's office deferred comment to the county prosecutor, who declined to comment on the Miranda failure or on the death penalty, citing a gag order on the case.

Doerman made numerous comments to deputies in the entrance to the jail, but they were redacted from bodycam video, which at one point showed him smashing his head against a concrete wall before an officer told him to stop. 

"If I was the prosecutor, I'd be pissed, because that's valuable evidence – a confession saying I shot my three kids, game over," Gelman said.

Still, other statements from Doerman made outside his interrogation will be allowed in court, the judge said.

"I still think they have a lot of good evidence against this individual, but I'll tell you one thing, as a defense attorney, I think the chances of acquittal have gone up a little bit," Gelman said.

Source: foxnews.com, Michael Ruiz, March 22, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Opinion | I Know Christa Pike’s Medical History. What Tennessee Did Is Unforgivable.

Dr. Zivot is an anesthesiologist and intensive care physician. He consulted on Christa Pike’s case before her attempted execution.   On Wednesday night, Christa Pike lay strapped to a gurney at Riverbend Maximum Security Institution in Nashville while the State of Tennessee injected pentobarbital, a sedative that is lethal in high doses, into her veins. When the 1st dose did not kill her, the execution team gave her a 2nd. At one point, she told the room her arm felt as if it were about to burst. She was nearly correct. More than an hour after the procedure began, an ambulance was called. She was severely injured but still alive. 

After Christa Pike survives lethal injection, America's shameful botched executions

The US is one of the few Western nations that still permits the death penalty, carried out regularly in 27 states. And in a country where regional political culture strongly favours retributive justice, it is no wonder capital punishment remains an enduring part of the American legal system. But following Christa Pike's botched lethal injection last week, fresh questions are being raised over whether executing convicted murderers and rapists outweighs the risks of an innocent person being put to death, or of an execution going so badly that a prisoner is left to die in agony, or even survives the attempt.

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”