Hamilton County judge to decide June 14 if former death row inmate can be released on bond

Lamont Hunter is led out of Hamilton County Common Pleas Judge Christian Jenkins' courtroom on May 12, 2023.
Lamont Hunter is led out of Hamilton County Common Pleas Judge Christian Jenkins' courtroom on May 12, 2023.

A Hamilton County judge will decide on June 14 whether to set bond for a man who spent more than 15 years on Ohio’s death row but had his convictions vacated after a deputy county coroner in recent years changed her opinion about the case.

The deputy coroner, Dr. Gretel Stephens, testified at a 2021 deposition that the manner of death was “undetermined” for 3-year-old Trustin Blue, who died from severe brain injuries while in Lamont Hunter’s care. Stephens had previously said Trustin's 2006 death was a homicide.

Hunter’s bond hearing began May 12 in front of Common Pleas Judge Christian Jenkins and concluded Wednesday.

Hunter, 54, remains charged with aggravated murder, rape and child abuse. It’s possible that Jenkins could set a monetary bond that would allow him to be out of jail – although likely monitored electronically – while he awaits a new trial. Prosecutors want Hunter to be held without bond.

On Wednesday, prosecutors said five of the seven pathologists at the Hamilton County Coroner’s Office reviewed records from the case and signed a document saying they agree with Stephens’ original finding, from 2006, that Trustin’s manner of death was homicide.

The two who didn’t sign were Stephens and another who is on medical leave. On the first day of the bond hearing, however, a now-retired Cincinnati police detective said she had been told Stephens wanted to “go back to” her original opinion that Trustin’s death was a homicide. Stephens did not testify at the hearing.

Also Wednesday, it was revealed that the coroner’s office apparently found out about Stephens’ changed opinion from a media report about the bond hearing.

2021 deposition

According to court documents, Stephens testified at a 2021 deposition that was part of Hunter’s appeal that the manner of death was undetermined. She also said injuries to Trustin she previously attributed to sexual assault were accidentally inflicted by hospital staff trying to insert a thermometer into his rectum.

Hunter’s attorneys say Stephens changed her opinions based on evidence she had not seen, which had been withheld by prosecutors during Hunter’s 2007 trial.

After agreeing to vacate the convictions, prosecutors discussed with Hunter’s attorneys a potential plea deal that his attorneys said would have sentenced him to the time he already has spent incarcerated.

Assistant Prosecutor Seth Tieger told Jenkins that his office may no longer offer a plea deal. He mentioned the document signed by the five forensic pathologists.

“The case has gotten a long stronger than it was before the plea offer,” Tieger said.

Fatal head injuries

Also Wednesday, an expert called by Hunter’s attorneys said he believes Trustin’s fatal head injuries on Jan. 18, 2006 were caused by a fall down the stairs.

Dr. George Shaw III based his opinion on Hunter’s statements that Trustin was running and fell down steps leading to the home’s basement.

Hunter said he was in the basement of the house in Carthage he shared with Trustin’s mother and her four children. He said he was doing laundry when Trustin tumbled down the basement stairs and landed on the concrete floor.

Shaw, an emergency room physician and physicist, said there were “multiple scenarios where a trip and fall down the stairs” could have caused Trustin’s injuries. Those injuries included bleeding in his brain, brain swelling and retinal hemorrhages.

Tieger, however, argued that Shaw’s opinion was based on Hunter’s own explanation about what happened. Tieger said Hunter could have been lying.

“This is classic abuse,” Tieger told Jenkins. “How many times does it take to convince somebody that this child was terrorized, raped and murdered?”

This article originally appeared on Cincinnati Enquirer: Judge to decide June 14 if Lamont Hunter can be released on bond