COLUMBUS, Ohio (AP) – Lawyers for Ohio’s only condemned female killer have asked the U.S. Supreme Court to accept her appeal.
Death row inmate Donna Roberts was convicted of planning her ex-husband’s 2001 killing with a boyfriend in hopes of collecting insurance money.
Roberts’ death sentence was struck down in the past after the state Supreme Court said a prosecutor improperly helped prepare a sentencing motion in her case.
The court also said a judge hadn’t fully considered factors that could argue against a death sentence.
Earlier this year, the Ohio Supreme Court once again upheld the death sentence for the 73-year-old Roberts.
She was sentenced to death for the third time in 2014 but appealed that decision.
Roberts was accused of planning her ex-husband’s murder with her boyfriend Nathaniel Jackson. The killing happened in the couple’s home in Howland.
Jackson was also sentenced to death.
In the past, the court said a prosecutor improperly helped prepare a sentencing motion in Roberts’ case and that a judge hadn’t fully considered factors that could argue against a death sentence.
Justice Terrence O’Donnell, writing for the majority, rejected arguments that allowing a new judge to sentence Roberts after the original judge died was unconstitutional.
Justice O’Donnell explained that Roberts helped Jackson plan Fingerhut’s murder in a series of letters and phone calls while Jackson was in prison on an unrelated charge. She actively participated with Jackson in the killing by purchasing a mask and gloves for him and allowing him into the home, evidencing prior calculation and design, O’Donnell said.
The court ruled 6-1.
The Court also pointed out that although Roberts expressed sadness for Fingerhut’s murder, she never accepted responsibility for it and denied her scheme to kill Fingerhut, “notwithstanding overwhelming evidence to the contrary.”
The Court concluded the death penalty was appropriate and proportionate to the death sentence imposed on Jackson.
The state is expected to oppose Roberts’ latest request.
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