Pierson will not face death penalty
Lead Summary
By
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Highland County Prosecutor Anneka P. Collins presented charges to the Highland County Grand Jury Tuesday in reference to Matthew Kaleb Pierson.
Pierson, who was originally charged with murder in the death of his 5-year-old niece, was bound over to the Grand Jury on Aug. 23. The Grand Jury indicted Pierson on aggravated murder, abuse of a corpse and tampering with evidence charges. A death penalty specification was not included in the indictment.
Collins' decision to not seek the death penalty was reached after considerable examination of this case.
In determining whether to request the Grand Jury include a death penalty specification, it is of paramount importance to review Ohio Revised Code Section 2929.04. This code section requires the trial court to consider particular factors in determining whether or not to impose the death penalty. The trial court would only make that decision in the event that a trial jury unanimously finds a defendant guilty of the underlying charge and unanimously recommends the death penalty.
Pursuant to 2929.04, the trial judge weighs 21 factors in deciding whether the death penalty is applicable. Ten factors weigh in favor of the death penalty, and 11 factors weigh against the imposition of the death penalty.
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In reviewing the factors in the Pierson case, only one factor weighs in favor of the death penalty: the victim was under the age of 13 at the time of her death. Mitigating factors in the Pierson case that weigh against imposition of the death penalty include, among other factors: the background of the offender, the youth of the offender (Pierson is 19 years old) and the offender's lack of significant history of prior criminal convictions/delinquency adjudications.
Collins has thoroughly reviewed the statutorily imposed factors and considered the likelihood that person would not receive the death penalty if convicted. Collins believes that pursuing the death penalty when unsupported by the Ohio Revised Code would be irresponsible and an abuse of power.
Regarding the indictment, Collins states, "The power to indict is not something that should be taken lightly. I have never indicted someone for a crime that I know I cannot prove in a court of law. At this time, I know I cannot prove the factors necessary to impose the death penalty."
Investigation of other individuals related to this matter is ongoing.
Pierson, who was originally charged with murder in the death of his 5-year-old niece, was bound over to the Grand Jury on Aug. 23. The Grand Jury indicted Pierson on aggravated murder, abuse of a corpse and tampering with evidence charges. A death penalty specification was not included in the indictment.
Collins' decision to not seek the death penalty was reached after considerable examination of this case.
In determining whether to request the Grand Jury include a death penalty specification, it is of paramount importance to review Ohio Revised Code Section 2929.04. This code section requires the trial court to consider particular factors in determining whether or not to impose the death penalty. The trial court would only make that decision in the event that a trial jury unanimously finds a defendant guilty of the underlying charge and unanimously recommends the death penalty.
Pursuant to 2929.04, the trial judge weighs 21 factors in deciding whether the death penalty is applicable. Ten factors weigh in favor of the death penalty, and 11 factors weigh against the imposition of the death penalty.
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In reviewing the factors in the Pierson case, only one factor weighs in favor of the death penalty: the victim was under the age of 13 at the time of her death. Mitigating factors in the Pierson case that weigh against imposition of the death penalty include, among other factors: the background of the offender, the youth of the offender (Pierson is 19 years old) and the offender's lack of significant history of prior criminal convictions/delinquency adjudications.
Collins has thoroughly reviewed the statutorily imposed factors and considered the likelihood that person would not receive the death penalty if convicted. Collins believes that pursuing the death penalty when unsupported by the Ohio Revised Code would be irresponsible and an abuse of power.
Regarding the indictment, Collins states, "The power to indict is not something that should be taken lightly. I have never indicted someone for a crime that I know I cannot prove in a court of law. At this time, I know I cannot prove the factors necessary to impose the death penalty."
Investigation of other individuals related to this matter is ongoing.