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Ariel Castro might be textbook case for aggravated murder under Ohio law Ariel Castro might be textbook case for aggravated murder under Ohio law
(5 months later)
Like many others, I have feelings ranging from horror to disgust to macabre interest as facts emerge from Cleveland concerning the many awful crimes committed on at least three young women for a decade. But, as a lawyer and law professor, one of my biggest concerns is how Ohio's criminal law can and will respond to these crimes.Like many others, I have feelings ranging from horror to disgust to macabre interest as facts emerge from Cleveland concerning the many awful crimes committed on at least three young women for a decade. But, as a lawyer and law professor, one of my biggest concerns is how Ohio's criminal law can and will respond to these crimes.
It appears that Ariel Castro, the monster who allegedly abducted and sexually tortured three young women in Cleveland, could possibly be charged with aggravated murder and, if he's found guilty, face the death penalty, according to Ohio's homicide laws.It appears that Ariel Castro, the monster who allegedly abducted and sexually tortured three young women in Cleveland, could possibly be charged with aggravated murder and, if he's found guilty, face the death penalty, according to Ohio's homicide laws.
Under Ohio law, if there is significant evidence showing that the offender, through physical abuse and forms of torture, "purposely ... cause[d] ... the unlawful termination of another's pregnancy," there is a real case to be made for a charge of aggravated murder, which carries the death penalty as a possible (but not mandatory) punishment.Under Ohio law, if there is significant evidence showing that the offender, through physical abuse and forms of torture, "purposely ... cause[d] ... the unlawful termination of another's pregnancy," there is a real case to be made for a charge of aggravated murder, which carries the death penalty as a possible (but not mandatory) punishment.
If, as the released police report apparently indicates, the defendant beat one of his victims with the intent to cause her to miscarry, I believe Castro could well be prosecuted in Ohio with aggravated murder pursuant to Ohio Revised Code 2903.01. Here are the key facts (according to news reports) that support this conclusion:If, as the released police report apparently indicates, the defendant beat one of his victims with the intent to cause her to miscarry, I believe Castro could well be prosecuted in Ohio with aggravated murder pursuant to Ohio Revised Code 2903.01. Here are the key facts (according to news reports) that support this conclusion:
New details on the women's harrowing ordeal were confirmed in a police report obtained Wednesday by CBS News … [Michelle] Knight told police, according to the report, that Castro impregnated her 'at least 5 times,' but that each time he would starve her and then punch her in the stomach to induce a miscarriage.New details on the women's harrowing ordeal were confirmed in a police report obtained Wednesday by CBS News … [Michelle] Knight told police, according to the report, that Castro impregnated her 'at least 5 times,' but that each time he would starve her and then punch her in the stomach to induce a miscarriage.
Here are the key provisions of Ohio law with the terms in bold that highlight the basis on which Ohio prosecutors could charge aggravated murder against Castro:Here are the key provisions of Ohio law with the terms in bold that highlight the basis on which Ohio prosecutors could charge aggravated murder against Castro:
2903.01 aggravated murder.2903.01 aggravated murder.
(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.
Critically, I do not mean here to assert that state prosecutors must now seek the death penalty in their prosecution of Castro. I can envision lots of sound reasons for local prosecutors to decide not to seek the punishment of death here, especially if Castro's alleged three primary victims indicate a strong disinclination to go through the difficulties (and media sensation) of a full-blown capital trial and the inevitable appeals that would likely follow if a jury imposed a death sentence.Critically, I do not mean here to assert that state prosecutors must now seek the death penalty in their prosecution of Castro. I can envision lots of sound reasons for local prosecutors to decide not to seek the punishment of death here, especially if Castro's alleged three primary victims indicate a strong disinclination to go through the difficulties (and media sensation) of a full-blown capital trial and the inevitable appeals that would likely follow if a jury imposed a death sentence.
But I do mean to assert that state prosecutors should now be considering how they will present to an Ohio grand jury the evidence which could support a charge of aggravated murder based on Casto's alleged repeated purposeful efforts to unlawfully terminate Michelle Knight's pregnancies.But I do mean to assert that state prosecutors should now be considering how they will present to an Ohio grand jury the evidence which could support a charge of aggravated murder based on Casto's alleged repeated purposeful efforts to unlawfully terminate Michelle Knight's pregnancies.
Because Ohio legislators amended the state's aggravated murder provisions to expressly include "purposely caus[ing]... the unlawful termination of another's pregnancy," Ohio law now expressly reflects a state policy decision that a defendant who intentionally and unlawfully terminated a pregnancy could face an aggravated murder charge.Because Ohio legislators amended the state's aggravated murder provisions to expressly include "purposely caus[ing]... the unlawful termination of another's pregnancy," Ohio law now expressly reflects a state policy decision that a defendant who intentionally and unlawfully terminated a pregnancy could face an aggravated murder charge.
Right now, it certainly appears that Ariel Castro is the poster child for the kind of "unlawful pregnancy terminator" who, in my view, should at least be facing the prospect of aggravated murder charges under Ohio law.Right now, it certainly appears that Ariel Castro is the poster child for the kind of "unlawful pregnancy terminator" who, in my view, should at least be facing the prospect of aggravated murder charges under Ohio law.
• A version of this analysis was originally posted on Douglas Berman's blog, Sentencing Law and Policy.• A version of this analysis was originally posted on Douglas Berman's blog, Sentencing Law and Policy.
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