Coonrod attorney requests hearing on petition to set aside conviction, sentence
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The attorney for Wesley Coonrod has filed a petition asking that his client's convictions of involuntary manslaughter, along with his 20-year prison sentence, be set aside because the Greenfield man is innocent, and that his imprisonment is cruel and unusual punishment.
The Highland County Prosecutor's Office has filed a response asking that the court overrule Coonrod's request, stating that there is no evidence to support the the claims, and no new evidence has been presented.
In January 2011, Coonrod, 43, of Greenfield, was found guilty of two counts of involuntary manslaughter, felonies of the first degree, in the deaths of his sons Thomas, 4, and Stephen, 3, during a more-than-weeklong jury trial in Pickaway County Common Pleas Court. He was found not guilty on one count of aggravated arson. Prosecutors had alleged Coonrod set the March 7, 2010 fire at 150 A Lafayette Street in Greenfield that killed his two sons.
In August, Coonrod's attorney, Eric Allen, filed an appeal of the convictions of involuntary manslaughter, saying that the trial court erred in its dismissal of a "holdout" juror "without just cause" and requested that the court of appeals grant a new trial. Additionally, it was alleged that there was insufficient evidence to find Coonrod guilty of charges of involuntary manslaughter and child endangering in the deaths of his two young sons and that the court imposing maximum consecutive sentences was "arbitrary and capricious."
Ohio's Fourth District Court of Appeals has not yet handed down a judgment in the appeal.
In October 2010, Coonrod had been found guilty on two counts of child endangering during a jury trial in Highland County Common Pleas Court. The jury was hung on two charges of murder, with death penalty specifications, and a charge of aggravated arson. The state did not seek the death penalty in the second trial.
During both trials, Coonrod was represented by Columbus attorneys William Mooney and Jerry McHenry.
Highland County Common Pleas Court Judge Rocky Coss sentenced Coonrod to 10 years in prison on each involuntary manslaughter conviction, to be served consecutively, for a total of 20 years in prison.
On Jan. 3, Allen filed a request for an evidentiary hearing on the petition to set aside the convictions and sentence, alleging that during Coonrod's trial in Highland County Common Pleas Court he was denied effective assistance of counsel; he was denied due process pursuant to the Fifth Amendment of the United States Constitution; and that Coonrod is innocent, and the imprisonment of a person "for a crime he did not commit is cruel and unusual punishment barred by the eighth and fourteenth amendments to the federal constitution."
According to the petition, "(Coonrod) did not set a fire that took the lives of his two children. There is no evidence he lit a fire and burned the home to the ground. (Coonrod) reserves the right to supplement this petition with evidence as it becomes available."
Access to "post-conviction discovery" was requested to "fully develop this claim for federal review and an evidentiary hearing to this claim may be ruled upon," according to the petition.
The petition asked that the court consider Coonrod's "immediate release from detention if his conviction is vacated or set aside."
Highland County Prosecutor Anneka Collins filed a response to Coonrod's petition this week, which asked that the court dismiss the requests without a hearing.
"The three alleged violations concern the ineffective assistance of trial counsel, a vague denial of due process, and a violation of cruel and unusual punishment. However, (Coonrod) has failed to attach any evidence supporting his claims. Therefore, the state of Ohio respectfully requests this court dismiss the same without an evidentiary hearing."
Collins wrote that, "Aside from the disjointed allegations made in the claims, (Coonrod) supplies nothing to support it. No affidavits are included and no evidence of any sort has been provided to the court. Before a court grants a hearing on a petition for post-conviction relief, the court must determine whether there are substantive grounds for relief. (Coonrod) bears the burden of establishing those substantive grounds ... In the case at bar, (Coonrod) has failed to provide one piece of evidence to support the claims alleged."
Additionally, Collins wrote that there were no claims that could not have been raised during the appeal, "and therefore the claims are barred."
Collins wrote that there is no new evidence that has been presented in the case and that, "A jury of his peers found (Coonrod) guilty of several counts and absent new evidence of innocence, this court should not disturb that finding."
Highland County Common Pleas Court Judge Rocky Coss will make the determination whether or not to grant the hearing.
The attorney for Wesley Coonrod has filed a petition asking that his client's convictions of involuntary manslaughter, along with his 20-year prison sentence, be set aside because the Greenfield man is innocent, and that his imprisonment is cruel and unusual punishment.
The Highland County Prosecutor's Office has filed a response asking that the court overrule Coonrod's request, stating that there is no evidence to support the the claims, and no new evidence has been presented.
In January 2011, Coonrod, 43, of Greenfield, was found guilty of two counts of involuntary manslaughter, felonies of the first degree, in the deaths of his sons Thomas, 4, and Stephen, 3, during a more-than-weeklong jury trial in Pickaway County Common Pleas Court. He was found not guilty on one count of aggravated arson. Prosecutors had alleged Coonrod set the March 7, 2010 fire at 150 A Lafayette Street in Greenfield that killed his two sons.
In August, Coonrod's attorney, Eric Allen, filed an appeal of the convictions of involuntary manslaughter, saying that the trial court erred in its dismissal of a "holdout" juror "without just cause" and requested that the court of appeals grant a new trial. Additionally, it was alleged that there was insufficient evidence to find Coonrod guilty of charges of involuntary manslaughter and child endangering in the deaths of his two young sons and that the court imposing maximum consecutive sentences was "arbitrary and capricious."
Ohio's Fourth District Court of Appeals has not yet handed down a judgment in the appeal.
In October 2010, Coonrod had been found guilty on two counts of child endangering during a jury trial in Highland County Common Pleas Court. The jury was hung on two charges of murder, with death penalty specifications, and a charge of aggravated arson. The state did not seek the death penalty in the second trial.
During both trials, Coonrod was represented by Columbus attorneys William Mooney and Jerry McHenry.
[[In-content Ad]] Highland County Common Pleas Court Judge Rocky Coss sentenced Coonrod to 10 years in prison on each involuntary manslaughter conviction, to be served consecutively, for a total of 20 years in prison.
On Jan. 3, Allen filed a request for an evidentiary hearing on the petition to set aside the convictions and sentence, alleging that during Coonrod's trial in Highland County Common Pleas Court, he was denied effective assistance of counsel; he was denied due process pursuant to the Fifth Amendment of the United States Constitution; and that Coonrod is innocent, and the imprisonment of a person "for a crime he did not commit is cruel and unusual punishment barred by the eighth and fourteenth amendments to the federal constitution."
According to the petition, "(Coonrod) did not set a fire that took the lives of his two children. There is no evidence he lit a fire and burned the home to the ground. (Coonrod) reserves the right to supplement this petition with evidence as it becomes available."
Access to "post-conviction discovery" was requested to "fully develop this claim for federal review and an evidentiary hearing to this claim may be ruled upon," according to the petition.
The petition asked that the court consider Coonrod's "immediate release from detention if his conviction is vacated or set aside."
Highland County Prosecutor Anneka Collins filed a response to Coonrod's petition this week, which asked that the court dismiss the requests without a hearing.
"The three alleged violations concern the ineffective assistance of trial counsel, a vague denial of due process, and a violation of cruel and unusual punishment. However, (Coonrod) has failed to attach any evidence supporting his claims. Therefore, the state of Ohio respectfully requests this court dismiss the same without an evidentiary hearing."
Collins wrote that, "Aside from the disjointed allegations made in the claims, (Coonrod) supplies nothing to support it. No affidavits are included, and no evidence of any sort has been provided to the court. Before a court grants a hearing on a petition for post-conviction relief, the court must determine whether there are substantive grounds for relief. (Coonrod) bears the burden of establishing those substantive grounds ... In the case at bar, (Coonrod) has failed to provide one piece of evidence to support the claims alleged."
Additionally, Collins wrote that there were no claims that could not have been raised during the appeal "and therefore the claims are barred."
Collins wrote that there is no new evidence that has been presented in the case and that, "A jury of his peers found (Coonrod) guilty of several counts and absent new evidence of innocence, this court should not disturb that finding."
Highland County Common Pleas Court Judge Rocky Coss will make the determination whether or not to grant the hearing.