Prosecutor to file in condemned Ohio inmate's case

ANDREW WELSH-HUGGINS AP Legal Affairs Writer Published:

COLUMBUS, Ohio (AP) -- A prosecutor planned to file paperwork Monday outlining his position on whether a condemned killer facing execution next month for a Cleveland produce vendor's 1983 slaying should receive mercy.

Arthur Tyler's attorneys say he should be granted clemency partly because a second defendant repeatedly admitted being the shooter. They also argue a jury was coerced into issuing a death sentence and that a prosecutor and some of Tyler's trial attorneys had a conflict of interest.

Cuyahoga County Prosecutor Tim McGinty was scheduled to make his filing Monday afternoon ahead of Tyler's clemency hearing Thursday before the Ohio Parole Board. McGinty's office has declined to comment ahead of the filing.

The parole board makes a recommendation to the governor, who has the final say. Tyler, 54, is scheduled to die May 28.

Last year, in a rare move, McGinty asked the board to spare death row inmate Billy Slagle for fatally stabling neighbor Mari Anne Pope in 1987 during a Cleveland burglary while two young children were present.

McGinty had said that jurors today, with the option of life without parole, would have been unlikely to sentence Slagle to death.

The parole board and Gov. John Kasich both rejected mercy for Slagle, who later committed suicide a few days before his execution.

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Andrew Welsh-Huggins can be reached on Twitter at https://twitter.com/awhcolumbus.