Attorneys debated how a jury should deliberate charges of menacing and ethnic intimidation against a former Ohio University student in a hearing yesterday at Athens Municipal Court.
Edward Mahony, 24, allegedly used racial slurs in an altercation with two black students at Alden Library on May 31. An initial draft of jury instructions, written by Athens Municipal Court Judge William Grim, states that if the menacing charge is not proven, then the ethnic intimidation charge cannot be proven.
David Winkelmann, Mahony's attorney, agreed with Grim's initial interpretation. The ethnic intimidation statute serves as an enhancement provision
he said. If menacing did not occur, then ethnic intimidation would be a separate crime predicated on speech.
City Prosecutor Lisa Eliason, citing past court cases, contended that a conviction on the menacing charge is not necessary for the jury to convict Mahony on the ethnic intimidation charge.
Grim will make a decision on the final jury instructions after considering motions from both parties, he said.
Winkelmann originally requested the charges be tried separately. Grim denied the request, meaning both charges will be decided with one trial.
Both parties also presented the witnesses and evidence they intend to use in trial.
Eliason said she plans to use the testimony of Ohio University Police Department officer George Anderson as well as Madonna Hill and Brittany Benton, the two women Mahony allegedly accosted. Winkelmann said he plans to put Mahony on the stand and will also submit Mahony's mental evaluation.
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