Ohio board rejects condemned killer's request for mercy

Published 01-18-2019

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COLUMBUS, Ohio (AP) - The Ohio Parole Board on Friday rejected a clemency request by a condemned killer who says he's innocent of the fatal shooting of a volunteer addiction counselor and is asking that his life be spared.

Warren Keith Henness, who goes by his middle name, was convicted of killing 51-year-old Richard Meyers in Columbus in 1992.

Myers was a lab technician at a veterans hospital in Chillicothe in southern Ohio and frequently volunteered with Alcoholics Anonymous to assist people with addictions. He had been helping Henness find drug treatment for his wife, according to authorities.

Henness' claim of innocence is not persuasive and his account of the killing not reliable, the board said in its unanimous ruling.

"Henness admitted he had told his attorneys so many stories that they did not know what was true," the board said.

The inmate is set to die by lethal injection on Feb. 13 at the Southern Ohio Correctional Facility in Lucasville. Gov. Mike DeWine has the final say, his first death penalty decision as governor. A message was left with his office seeking comment.

Prosecutors said Henness kidnapped Myers, bound and then shot him at an abandoned water treatment plant, and then stole his credit cards, checks and car.

Henness, 55, his wife Tabatha Henness, and friend Ronald Fair drove around in Myers' car for several days afterward, forging the checks and using the credit cards, according to prosecutors.

Henness' wife and their friend were also implicated in the killing and provided the only evidence of Henness' guilt, according to court records. The two pleaded guilty to minor charges of forgery and then testified against Henness at trial.

Henness' attorneys have argued he deserves mercy because of lingering questions about the others' involvement in the killing.

In addition, they say

Prosecutors said Henness kidnapped Myers, bound and then shot him at an abandoned water treatment plant, and then stole his credit cards, checks and car.

Henness, 55, his wife Tabatha Henness, and friend Ronald Fair drove around in Myers' car for several days afterward, forging the checks and using the credit cards, according to prosecutors.

Henness' wife and their friend were also implicated in the killing and provided the only evidence of Henness' guilt, according to court records. The two pleaded guilty to minor charges of forgery and then testified against Henness at trial.

Henness' attorneys have argued he deserves mercy because of lingering questions about the others' involvement in the killing.

In addition, they say Henness' lawyers at the time failed to fully investigate the case ahead of trial. Henness distrusted one of his attorneys so much that he rejected a plea deal that would have spared his life, according to Henness' clemency petition.

Henness has a consistent record of good behavior in jail and on death row, also making him a good candidate for mercy, David Stebbins, a federal public defender, said in a filing with the board this month.

The parole board disagreed, noting Henness has a history of alcohol infractions in prison and contributed to problems with his attorneys through his unwillingness to provide consistent details.

Stebbins called the ruling disappointing and urged DeWine to judge the request

Henness' wife and their friend were also implicated in the killing and provided the only evidence of Henness' guilt, according to court records. The two pleaded guilty to minor charges of forgery and then testified against Henness at trial.

Henness' attorneys have argued he deserves mercy because of lingering questions about the others' involvement in the killing.

In addition, they say Henness' lawyers at the time failed to fully investigate the case ahead of trial. Henness distrusted one of his attorneys so much that he rejected a plea deal that would have spared his life, according to Henness' clemency petition.

Henness has a consistent record of good behavior in jail and on death row, also making him a good candidate for mercy, David Stebbins, a federal public defender, said in a filing with the board this month.

The parole board disagreed, noting Henness has a history of alcohol infractions in prison and contributed to problems with his attorneys through his unwillingness to provide consistent details.

Stebbins called the ruling disappointing and urged DeWine to judge the request for mercy independently. "Henness is facing execution next month because of the failures of the legal system, not because he is one of the exceptional few worthy of the ultimate punishment of death," Stebbins said.

Prosecutors argue Henness has a history of lying and refusing to take responsibility for the killing.

Ohioans To Stop Executions, the state's largest anti-death penalty group, urged DeWine to postpone executions until problems with Ohio's capital punishment system identified by a state Supreme Court commission are addressed.

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