COLUMBUS, Ohio - A condemned obese killer should be spared because of lingering doubts about his "legal and moral guilt" and the conduct of defence and prosecution lawyers at trial, his attorneys told the state Parole Board on Thursday in a bid for clemency focusing on his innocence, not his weight.
Death row inmate Ronald Post is fighting his January execution on the grounds that he is so fat he can't be humanely executed and will suffer cruel and unusual punishment as the state struggles to find his veins or give him enough drugs to put someone his size to death.
That argument is in the federal courts, while the 450-pound (200-kilogram) Post pursues an innocence claim unrelated to his weight before the parole board. The panel considers requests for mercy before making a recommendation to Gov. John Kasich, who has the final say.
Attorneys for Post made presentations to the parole board Thursday followed by county prosecutors and the attorney general's office. The state says the hearing could last two days.
Post, 53, was sentenced to die for the 1983 shooting of Elyria motel clerk Helen Vantz during a robbery. Vantz' sons, William and Michael, both attended Thursday's hearing.
The long-held presumption that Post confessed to the murder to several people has been falsely exaggerated, Post's attorneys argue. Post admitted involvement in the crime as the get-away driver to a police informant but did not admit to the killing.
"Sure ain't no murderer," Post told that informant, according to Post's clemency filing.
Doubt about Post's guilt lingers because of the involvement of two other men in the shooting, Post's attorneys argue. Post pleaded no contest to the crime on the advice of his attorney in expectation he would receive a life sentence, the attorneys argue. Even after his plea, he told a psychologist "he was not a murderer."
The attorneys also argue that prosecutors misrepresented to the judge that Post had confessed to sole involvement in Vantz's death.
A federal judge plans a hearing later this month on Post's obesity claims.
Andrew Welsh-Huggins can be reached on Twitter at https://twitter.com/awhcolumbus.