death penalty news July 15, 2004
OHIO: State justices uphold death penalty for inmate in 'buried alive' slaying The Ohio Supreme Court yesterday unanimously upheld the death sentence of Timothy Hoffner in the 1993 killing of Christopher Hammer, who was buried alive in Sylvania Township after begging for his life. In a decision written by Justice Evelyn Lundberg Stratton, the high court rejected 13 arguments made by Hoffner's attorneys for why he should get a new trial or be resentenced. On April 14, the Supreme Court unanimously upheld the death sentence of Hoffner's co-defendant, Archie Dixon. Hoffner, 32, and Dixon, 31, are on death row at the maximum-security prison in Mansfield. Hoffner's attorneys told the Supreme Court in April that Judge William Skow of Lucas County Common Pleas Court did not use the right words when he instructed the jury. "In the event you find the defendant guilty, the duty to determine the proper punishment is placed by law, ultimately, on the court," Judge Skow told the jurors, as they prepared to decide whether Hoffner was guilty of the aggravated murder, kidnapping, and aggravated robbery of 22-year-old Christopher Hammer in September, 1993. Spiros Cocoves, Hoffner's court-appointed attorney, told the Supreme Court that Judge Skow's statement, in particular the use of the word "ultimately," encouraged the jury to recommend the death penalty. The court disagreed. Mr. Cocoves also told the Supreme Court that Judge Skow did not properly weigh the factors to spare Hoffner the death penalty against the reasons why Hoffner should be executed. The Supreme Court said that claim "lacks merit," ruling that Judge Skow properly weighed the problems in Hoffner's life against the details of the crime. Mr. Cocoves plans to appeal to the U.S. Supreme Court. (source: Toledo Blade)
