Court denies Coonrod motion to set aside convictions, sentences
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court Judge Rocky Coss has denied a request to set aside the convictions and prison sentence of a Greenfield man serving 20 years in prison on involuntary manslaughter charges in connection with the deaths of his two young sons.
In January, the attorney for Wesley Coonrod has filed a petition for post-conviction relief, 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. Highland County Prosecutor Anneka Collins 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.
On Feb. 2, Coss filed a decision denying the motion for post-conviction relief, saying that the petition was not filed within the required time frame. Even if it had been filed on time, Coss said, "a defendant is not automatically entitled to a hearing on the claims in the petition."
Before a court grants a hearing, Coss said, "a court is required to determine if there are substantive grounds for relief stated in the petition and supporting documentation. This is to be determined from the petition, supporting affidavits and documentary evidence filed with the petition and all the files and records pertaining to the case. Defendant did not attach any supporting affidavit or other documentation, so the court has made its determination based upon the petition and the records pertaining to the case. The court finds that the defendant's petition for relief does not state substantive grounds for relief."
On Jan. 3, Coonrod's appellate attorney Eric 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."
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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."
Coss said that the petition "did not allege any specific instances in the record which support his claims that his trial counsel was ineffective and that he suffered undue prejudice as a result" and did not allege specific examples where Coonrod was denied due process of law.
Regarding the allegation that Coonrod did not set the fire and is therefore innocent, Coss wrote that a direct appeal has been filed on the convictions and sentences. The third and fourth assignments of error in that appeal "allege that the evidence was insufficient to convict him, which is essentially the same claim of actual innocence raised in his third claim for relief in the petition of post-conviction relief."
Coss wrote that the court found Coonrod's trial counsel was not deficient, as they "obtained a hung jury on five of the most serious counts in the first trial, which included capital murder charges with death specifications. They had an investigator work on the case as well as arson experts who testified effectively for the defendant in both trials. The record reflects they did extensive motion practice and pre-trial preparation in both trials. The trial court discussed the issue of his attorneys' performance with the defendant on the record on several occasions and defendant indicated that he wished to have the trial counsel continue to represent him."
Coss denied the petition and concluded, "The court finds there is no just cause for delay and that this is a final appealable order."
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 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.
In January, the attorney for Wesley Coonrod has filed a petition for post-conviction relief, 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. Highland County Prosecutor Anneka Collins 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.
On Feb. 2, Coss filed a decision denying the motion for post-conviction relief, saying that the petition was not filed within the required time frame. Even if it had been filed on time, Coss said, "a defendant is not automatically entitled to a hearing on the claims in the petition."
Before a court grants a hearing, Coss said, "a court is required to determine if there are substantive grounds for relief stated in the petition and supporting documentation. This is to be determined from the petition, supporting affidavits and documentary evidence filed with the petition and all the files and records pertaining to the case. Defendant did not attach any supporting affidavit or other documentation, so the court has made its determination based upon the petition and the records pertaining to the case. The court finds that the defendant's petition for relief does not state substantive grounds for relief."
On Jan. 3, Coonrod's appellate attorney Eric 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."
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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."
Coss said that the petition "did not allege any specific instances in the record which support his claims that his trial counsel was ineffective and that he suffered undue prejudice as a result" and did not allege specific examples where Coonrod was denied due process of law.
Regarding the allegation that Coonrod did not set the fire and is therefore innocent, Coss wrote that a direct appeal has been filed on the convictions and sentences. The third and fourth assignments of error in that appeal "allege that the evidence was insufficient to convict him, which is essentially the same claim of actual innocence raised in his third claim for relief in the petition of post-conviction relief."
Coss wrote that the court found Coonrod's trial counsel was not deficient, as they "obtained a hung jury on five of the most serious counts in the first trial, which included capital murder charges with death specifications. They had an investigator work on the case as well as arson experts who testified effectively for the defendant in both trials. The record reflects they did extensive motion practice and pre-trial preparation in both trials. The trial court discussed the issue of his attorneys' performance with the defendant on the record on several occasions and defendant indicated that he wished to have the trial counsel continue to represent him."
Coss denied the petition and concluded, "The court finds there is no just cause for delay and that this is a final appealable order."
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 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.