Ohio Supreme Court denies Odraye Jones' request to dismiss his murder conviction
Jun. 1—The Ohio Supreme Court on Wednesday denied convicted cop killer Odraye Jones' request to order the trial court to dismiss his murder conviction.
This request originated in the Supreme Court on March 27, 2023 when Jones filed a complaint for a writ of mandamus: Jones v. the Ashtabula County Court of Common Pleas, Judge David Schroeder.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
In his response, Schroeder asked the court to dismiss Jones' request.
"Upon consideration of [Schroeder's] motion to dismiss, it is ordered by the court that the motion to dismiss is granted," according to Chief Justice Sharon L. Kennedy's response. "Accordingly, this cause is dismissed."
Jones, who changed his name to Malik Allah-U-Akbar while on death row, was initially charged in November 1997 with the aggravated murder of Ashtabula Police Officer William D. Glover, Jr., with prior calculation and design.
On May 26, 1998, a jury found Jones guilty as charged. Following the penalty phase, the jury recommended, and on June 8, 1998, the trial court imposed a sentence of death.
Jones unsuccessfully appealed his conviction and death sentence to the 11th District Court of Appeals, and the Supreme Court. Throughout the past 25 years, he filed a number of actions collaterally attacking his conviction and all were denied, according to court records.
Then, on Aug. 22, 2022, the Sixth Circuit Court of Appeals affirmed in part and partially reversed the district court's denial of Jones' petition for writ of habeas corpus. The court upheld the jury's guilty verdict, but reversed the death sentence, citing ineffective assistance of counsel at the penalty phase of his trial.
The court further instructed the district court to vacate Jones' death sentence unless the state conducts a new penalty phase proceeding within 180 days.
After five status hearings, Jones' appointed attorneys and prosecutors argued back and forth on who should file for an extension. Defense attorneys said it would take months to present their case, given the age of the case.
Ashtabula County Prosecutor Colleen O'Toole repeatedly maintained she was ready to move forward and didn't need an extension.
On May 11, 2023, just days before the 180-day deadline, the U.S. Court of Appeals for the Sixth Circuit granted an extension of time for re-sentencing after the Ohio Attorney General's Office filed for an extension. This means that attorneys on both sides of the case now have until Nov. 22, 2023 to comply with the conditional writ and the death penalty remains on the table.
But, at the moment, the re-sentencing trial is on hold because O'Toole filed an affidavit on May 12, 2023, asking the Supreme Court to disqualify Schroeder from the case. O'Toole believes he's prejudiced against her office, she has said.
The request to remove Schroeder has also put a competency hearing on hold. The hearing will determine if two psychologists believe Jones is competent to stand trial and to defend himself, as he has requested numerous times.
Jones also has asked the Supreme Court to remove Schroeder from the case because he believes Schroeder is biased against him, according to court records. As of Wednesday, that request has not been answered by the court.
