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Author Topic: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders  (Read 4184 times)

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Offline Michael

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Prosecution tactics in displaying evidence at the 2005 capital murder trial of James Earl Trimble took center stage once again as the Ohio Supreme Court heard arguments challenging his death sentence.

Under repeated questioning on the issue at the state judicial center in Columbus Tuesday, Portage County Prosecutor Victor V. Vigluicci spent most of his allotted 30 minutes before the high court explaining why he laid out some 20 guns and various bundles of ammunition on two cafeteria-length tables directly in front of the jury box.

Trimble, who kept the small arsenal of weapons in a locked gun safe in the basement of his home, used only two of the guns in the infamous triple slaying in his wooded neighborhood in Brimfield Township.

Akron defense lawyers Nathan A. Ray and Lawrence J. Whitney, seeking to reverse Trimble's aggravated murder conviction or reduce his death sentence to life in prison, told the justices that the display of guns had a highly prejudicial effect on the jury, destroying any chance Trimble had of getting a fair trial.

''The jury almost could have reached out and touched those weapons,'' Ray told the justices in his opening statement.

Ray further stressed that Trimble gave authorities detailed statements about his actions before the trial and, in light of his confession, the state simply could have had a witness testify about finding the trove of guns in the basement safe.

Trimble, 48, is on death row at the Ohio State Penitentiary in Youngstown.

A jury of seven men and five women convicted him in the fatal shootings of his girlfriend, Renee L. Bauer, 42, and her 7-year-old son, Dakota Robert Bauer, in the home they shared on Sandy Lake Road on the night of Jan. 21, 2005.

Then, some four hours later after he had fled into the woods, Trimble shot and killed Kent State University student Sarah Positano, 22, after taking her hostage in her duplex apartment off Ranfield Road.

[full story http://www.ohio.com/news/41060127.html]

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Never heard such a BS. I think next time they didn´t tell the jurors that they decide about a murder case that the poor criminal escapes his punishment.

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

Offline Granny B

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"Never heard such a BS. I think next time they didn´t tell the jurors that they decide about a murder case that the poor criminal escapes his punishment.

Michael"


As with our case, Michael, that is the whole idea in objecting to showing the jury the evidence.  To get the perp out of prison so he will be free to murder again.
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Offline JT

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Unless the additional firearms shown to the jury were illegal under Ohio or federal law, only the firearms used in the crime are really evidence of criminality anyway.  Irrespective of that, I don't believe presenting them to the jury would have prejudiced them, and it should not be a reason for the Ohio Supreme Court to order a retrial or to commute his death sentence.
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

Offline Jeff1857

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Ohio Supreme Court affirms death penalty for James Trimble


The Ohio Supreme Court unanmiously agreed Tuesday to uphold the death penalty against James Trimble, who shot and killed 3 people in Brimfield more than 4 years ago.

Among Trimble’s 15 allegations of legal and procedural errors — all of which were denied — was that the trial judge should have moved the trial from Ravenna.

On Jan. 21, 2005, Trimble murdered his girlfriend Renee Bauer, and her 7-year-old son Dakota Bauer in the home they shared.

Trimble then fled into nearby woods. Shortly thereafter, he broke into the home of Kent State University student Sarah Positano and took her hostage. Trimble then shot 22-year-old student in the neck and killed her after a standoff with the SWAT team.

Trimble was convicted on 3 counts of aggravated murder — in what was the longest trial in the history of the county — and sentenced to death in November 2005.

(source: Revenna Record Courier)


Offline JeffB

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The Ohio Supreme Court unanmiously agreed Tuesday to uphold the death penalty against James Trimble, who shot and killed 3 people in Brimfield more than 4 years ago.

Good.  Now let's get this cat a date... 
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Offline Michael

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Positano killer's execution delayed

The Ohio Supreme Court granted on Tuesday triple murderer James Earl Trimble's motion to delay his scheduled Sept. 29 execution date until all of his state appeals are exhausted.

Trimble, 48, is on death row in the Ohio State Penitentiary in Youngstown.

On Oct. 25, 2005, after the longest trial in Portage County history, a jury of seven men and five women convicted Trimble of three counts of aggravated murder in the shooting deaths of his girlfriend, Renee Bauer, her seven-year-old son, Dakota Bauer and 22-year-old Kent State University student Sarah Positano, of Sault Ste. Marie, in January of that year.

The Ohio Supreme Court, in a unanimous decision on June 30 of this year, denied Trimble's direct appeal of his capital murder convictions and death sentence. That ruling rejected all 15 allegations outlined in Trimble's appeal, including a Portage County judge's decision not to move the trial from Ravenna.

Appellate attorneys also had argued that jurors might have been influenced by the display of Trimble's firearms in the courtroom and jury room during deliberations. But the court rejected the claim and upheld the jury's recommendation for the death penalty.

Last week, Trimble's attorneys filed another appeal, setting in motion the process that led to Tuesday's decision to indefinitely delay the execution date.

A July 7 filing with the Ohio Supreme Court notified the justices that Trimble will file a petition, called a Writ of Certiorari, asking the U. S. Supreme Court to review the lower-court decisions.

http://beta.saultstar.com/ArticleDisplay.aspx?e=1656745
I´m not sure if there´s a hell, but I believe in executed murderers.

heidi salazar

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Trimble's execution won't happen in fall


The Ohio Supreme Court issued a stay of execution for James Trimble as he works through the capital punishment appeals process.

The state's high court pushed back a Sept. 29 scheduled execution date indefinitely pending "all state post-conviction proceedings, including any appeals," according to documents released July 14.

The move is standard legal procedure in capital cases, where legal proceedings stretch over years.

About 3 weeks ago, justices affirmed the death sentence for Trimble, who shot and killed 3 people in Portage County in 2005 in what justices called a horrific crime.

The state's high court rejected all 15 allegations of legal or procedural errors made by Trimble, who sought to have his sentence reduced to life in prison.

Trimble was convicted of the aggravated murders of his girlfriend and her 7-year-old son (Renee Bauer and Dakota Bauer) and, in a separate home, Kent State University student Sarah Positano. He held the latter hostage and shot her during a standoff with police.

Trimble's legal counsel sought a stay of execution to allow him to petition the U.S. Supreme Court and complete other legal proceedings before the Ohio Supreme Court.

(source: Aurora Advocate)


Offline Jeff1857

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Ya'll do realize his appeals just started right. It's amazing people clutter up the threads spewing BS and they don't have a clue what's going on.  ???

heidi salazar

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Re: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders
« Reply #8 on: December 04, 2009, 08:52:28 AM »
Ohio Supreme Court denies final appeal of death row inmate who killed KSU student----Trimble can still file an appeal in federal court

Ohio death row inmate James Trimble has exhausted all of his state appeals. According to a filing on the U.S. Supreme Court Web site, Trimble's last petition was denied Monday.

In January 2005, Trimble went on a shooting rampage in Brimfield Township during which he shot and killed his girlfriend Renee Bauer, 42, her son Dakota Bauer, 7, and Kent State senior Sarah Positano, 22.

He was convicted on 3 counts of murder and sentenced to death in November 2005 in the Portage County Common Pleas Court in Ravenna.

Trimble was set to be executed Sept. 29, but the Ohio Supreme Court issued a stay of execution in July because of ongoing appeals.

Assistant Portage County Prosecutor Pamela Holder said Trimble's next step is a federal appeal.

"He has exhausted his state appeals, and the only thing left for him is to appeal things in the federal court system," she said. "My guess is he will."

She said she checked with the federal docket, and nothing has been filed in the Trimble case yet.

Holder, who sat in on Trimble's 2005 trial, said the execution will not be rescheduled unless there is a lift on the stay.

"As of today, the stay has not been lifted," Holder said. "The appeal was just denied this week, and I have not seen any paperwork requesting a lift on the stay of execution. As for whether it will be lifted in the future, if there is a federal case pending then no, it will not be lifted."

Francis Ricciardi, Portage County chief assistant prosecutor, who was one of the prosecutors for the case, said if Trimble decides to appeal to the federal court the outcome will be difficult to predict.

"In the federal system, you never know what outcome you're going to get." Ricciardi said. "Some of them (the appellate districts) operate differently than others, and so they come out with different rulings."

Holder said the case could go either way.

"I would like to say that it's less likely that he'll get anywhere on the federal level, but some of the federal legal issues could be slightly different than the state's legal issues," she said.

Whatever the outcome, Holder said the process is lengthy.

"We have 2 other capital defendants in the federal system right now," she said. "These are serious issues, and it's a lengthy process."

On Jan. 21, 2005, police found the bodies of Bauer and her son Dakota in a home on Sandy Lake Road in Brimfield. They had both been shot several times.

Trimble ran from police and took refuge in Positano's duplex on Ranfield Road. The Summit Metro SWAT team found her body the following morning. Trimble was found hiding in a closet after holding her hostage and shooting her several times, according to the Brimfield Police Department.

Positano was a coach's assistant for the gymnastics team. She had been studying physical education and was scheduled to graduate from the university that May.

Offline SugarSuzane

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You know that when he said in his final plea to the jury that no one ever loved him more than Renee and Dakota other than his Mother I thought why do you think I kept praying for 16 years?  After everything I lived through and I kept praying did he not think his WIFE loved him?
I am doing this for the victims of James Earl Trimble:
RENEE BAUER, DAKOTA BAUER and SARAH POSITANO.
I survived 16 years with this man and the Lord got me away.
Don't let Death Row Inmates have privileges at all!  What's the point of Death Row if we don't execute?!!!

Offline SugarSuzane

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Re: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders
« Reply #10 on: January 08, 2011, 10:46:59 AM »
 It's been six years and he's STILL on Death Row...
We're still feeding him for free and paying his tv and medical bills.
I am doing this for the victims of James Earl Trimble:
RENEE BAUER, DAKOTA BAUER and SARAH POSITANO.
I survived 16 years with this man and the Lord got me away.
Don't let Death Row Inmates have privileges at all!  What's the point of Death Row if we don't execute?!!!

Offline JTiscool

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Re: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders
« Reply #11 on: January 08, 2011, 02:07:11 PM »
Could be worse. Least we know Ohio will have a shot at killing him. Can't really say the same about new Hampshire, Wyoming, and Washington disposing of their trash.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Offline SugarSuzane

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Re: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders
« Reply #12 on: January 12, 2011, 06:18:02 AM »
I need to find out how the Federal Appeals work.  I think he has exhausted his State Appeals.
I am doing this for the victims of James Earl Trimble:
RENEE BAUER, DAKOTA BAUER and SARAH POSITANO.
I survived 16 years with this man and the Lord got me away.
Don't let Death Row Inmates have privileges at all!  What's the point of Death Row if we don't execute?!!!

Offline JeffcoCitizen

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Re: Ohio Supremes Uphold Conviction on James Trimble OH DR in 3 2005 Murders
« Reply #13 on: January 14, 2011, 03:12:33 PM »
Wow!  I did not know that after they exhaust State appeals that they then can go on to Federal appeals.  Is it like that for all cases that are not death penalty?  This sounds really screwed up.  Seems like the law too often forgets about the victims and their families.

Did you know that some prosecution offices really don't consider the family as a victim?  I was told that by an office that receives government funding for a victim advocate.  I no longer deal with that person.  I also reported her to the funding sponsor.  LOL

Offline SugarSuzane

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ANYONE WITH UPDATES?
I am doing this for the victims of James Earl Trimble:
RENEE BAUER, DAKOTA BAUER and SARAH POSITANO.
I survived 16 years with this man and the Lord got me away.
Don't let Death Row Inmates have privileges at all!  What's the point of Death Row if we don't execute?!!!