By KIM?NORTH
Times Leader Staff?Writer
and ASSOCIATED?PRESS
A Martins Ferry man set for execution next month declined to ask for mercy from the state's parole board during a hearing Thursday, a rare but not unprecedented move.
Attorneys for inmate Donald Palmer, 47, did not present any arguments to the Ohio Parole Board at the hearing in Columbus. Normally at such hearings, attorneys argue for hours about why their client deserves a life sentence rather than the death penalty.
Palmer asked his attorney, David Stebbins, not to argue for clemency and not to comment publicly on why he made that decision, Stebbins said afterward.
"It's fairly rare and hasn't happened for probably a couple years now," Stebbins said. "Some inmates just don't like to go through the process. You know, if they are competent to make that decision, it's something that we unfortunately need to respect."
The board still can recommend clemency for Palmer to Gov. John Kasich when it issues its decision next week, but Stebbins said that he expects the execution to proceed and doesn't plan on filing any further appeals on behalf of Palmer.
Belmont County Prosecutor Chris Berhalter attended the hearing, as did members of the Ohio Attorney General's Office, and family of the victims.
"I was surprised that the defendant declined to be interviewed by the parole board, or argue as to why his sentence should not be imposed," Berhalter said.
"This is based on the fact for two decades he has appealed his case through the state and federal courts, and even going as far as soliciting money online to help in his defense.
"Over 23 years ago, this defendant murdered two innocent men. Each of these men were married with children. Yet this defendant shot each of them in the head twice and robbed them. He has finally exhausted all of his appeals and today's clemency proceeding will hopefully be the last hearing this defendant receives."
The last death-row inmate to decline to ask for mercy from the parole board was Marvallous Keene in June 2009, according to records with the Ohio Department of Rehabilitation and Correction.
Keene was executed by lethal injection about a month after his hearing for killing five people during a 1992 crime rampage in Dayton that became known as the "Christmas killings."
Keene's attorneys said he wanted to prevent any additional pain to his family or his victims' families. The board voted unanimously against recommending clemency to then-Gov. Ted Strickland.
Since then, attorneys for 29 inmates went before the board to argue for clemency, according to the department's records.
The board is expected to release its decision in Palmer's case next week.
Palmer is scheduled to be executed on Sept. 20 for fatally shooting two men in the head along Deep Run Road just north of Martins Ferry on May 8, 1989.
Records show that Palmer and another man, Edward Hill, drove from Columbus to Belmont County to go to the home of a man who had dated Palmer's ex-wife, who was also Hill's sister.
While they were driving along a road near the home, a man who had been keeping an eye on the home, Charles Sponhaltz, lightly hit the back of the pickup that Palmer and Hill were driving with his own truck and yelled at them: "What in the hell are you trying to prove?" according to Palmer's confession to police.
Palmer then shot Sponhaltz twice in the head.
Steven Vargo, a passing motorist, stopped at the scene and asked, "What the hell did you guys do?" Palmer told police.
Palmer also shot him twice in the head.
Palmer and Hill dumped Sponhaltz's body in a field near the scene of the killings and fled, leaving Vargo's body in the road.
Hill was sentenced to 35 years to life in prison. The 46-year-old has a parole hearing in September 2049, when he'll be 83 years old.
