In local attorney Herman Carson's office there are pictures of an inmate wearing a blue jumpsuit. His name is Keith LaMar.
In 1995, LaMar was sentenced to death on charges of aggravated murder connected to an uprising at the Southern Ohio Correctional Facility in Lucasville. Carson was his lawyer and said he remembers his feeling after LaMar refused a final plea bargain that would have tabled the death penalty.
I remember
walking out of that room just the feeling in my stomach knowing I probably won't be able to save his life
he said.
Carson, who said he opposes the death penalty, is one of six lawyers in Athens County who are certified to try capital murder cases.
In order to participate in death penalty cases, attorneys must complete a certification process outlined under the Ohio Supreme Court's Superintendent Rule 20. The rule calls for 12 hours of training at a capital law seminar every two years, said Cindy Johnson, administrative assistant for the Rule 20 Committee.
To be considered for lead counsel on a death penalty case, an attorney must have at least been co-counsel on two capital murder cases. To be co-counsel on a capital murder case, an attorney must have been a lead attorney on three second-degree felony cases.
Local attorney K. Robert Toy, who worked with Carson during the LaMar trial, had served as Athens County Prosecutor for 15 years before he became a defense attorney. When he left office in 1993, Toy had tried enough capital cases to fulfill the Rule 20 requirements.
While he said there was not a steep learning curve when switching sides, Toy did admit that there are certain things that make death penalty cases particularly challenging. One hurdle he pointed out was trying to overcome a public perception of guilt.
Toy said the recent exonerations of death row inmates using DNA evidence show clients don't always get a fair shake in court.
Those people were close to being killed
he said. DNA testing saved their lives.
Juries were wrong.
With a person's life hanging in the balance
capital murder cases already provide a high level of stress to those who try them. Having to place their current caseload to the side and commit a tremendous amount of time only makes it harder
Carson said.
Despite the long hours
some of the best attorneys in the state use their practices to focus only on death penalty cases
Carson said.
I think, in part, it's the challenge of fighting the government on the most serious level, he said.
Toy said that
while stressful
capital cases only require that an attorney advise their client as best they can.
Sometimes they listen to you and sometimes they don't, he said.
LaMar
