Advertisement

Strickland denies clemency for murder-for-hire triggerman
Friday,  August 14, 2009 10:07 AM
The Columbus Dispatch
Jason Getsy, right, listens to attorney Maridee Costanzo during his murder trial  in Warren, Ohio, in this 1996 photo.
AP
Jason Getsy, right, listens to attorney Maridee Costanzo during his murder trial in Warren, Ohio, in this 1996 photo.
Gov. Ted Strickland decided today not to spare the life of convicted killer Jason Getsy, rejecting a rare recommendation for clemency from the Ohio Parole Board.

Getsy, 33, of Hubbard near Youngstown, is scheduled to be executed at 10 a.m. Tuesday at the Southern Ohio Correctional Facility near Lucasville.

The parole board ruled 5-2 last month to recommend clemency because Getsy was sentenced to die while John Santine, the ringleader in a 1995 murder-for-hire scheme, was not.

But Strickland said in a statement that the disparity in the sentences alone wasn't enough justification to approve clemency.

"Substantial attention has been focused on the different sentences imposed upon Mr. Getsy and his co-defendant, Mr. Santine," Strickland said. "Mr. Getsy and Mr. Santine had different roles in the murder.

"Mr. Getsy's sentence was based on his conduct and based upon our review, which included consideration of the differing Santine and Getsy sentences, I do not believe executive clemency is warranted."

Getsy was convicted of killing 68-year-old Ann Serafino of Hubbard and the attempted murder of her son, Charles Serafino, who was the target of the murder-for-hire plot. The killers did not expect Ann Serafino to be home the night of the shooting.

Santine, who organized the plot, was sentenced to 20 years to life. The Serafino family opposed clemency for Getsy.

David Stebbins, Getsy's Columbus attorney, noted that Strickland followed the parole board's recommendation for clemency in a separate death penalty case in February and is "remarkably disappointed" that the governor rejected the board's decision in Getsy's case.

"I'm very surprised the governor would choose this case to ignore their considered opinion," Stebbins said, adding that disparity in sentencing always has been an issue for clemency.

But Trumbull County Prosecutor Dennis Watkins, who handled Getsy's case, said Strickland made a difficult but correct decision because the parole board's ruling was misguided.

"This, without a doubt, is one of the truly courageous decisions I have seen in my career," Watkins said. He noted that a dozen other prosecutors, both Democrats and Republicans, joined him in asking Strickland not to approve clemency because of the precedent it would set.

Watkins said Getsy's case was different from Santine's because although Santine hired Getsy, he did not go into the house the night of the murder and that Getsty was the triggerman.

"The facts and the law merited that Jason Getsy have his judgment carried out," Watkins said.

Two others involved in the plot, one who went into the house with Getsy and another who stayed outside, reached plea bargains to avoid the death penalty and are serving lengthy prison sentences. Getsy and Santine went to trial.

In an interview last month, Getsy did not deny his guilt but said God has changed his life since he has been in prison. He said at the time he hoped his life will be spared so he can tell others not to make the same mistakes he did.

But Getsy said whatever Strickland decided, "I pray that he's well with it, that he's comforted and, uh, strengthened, and I just, like I said, I just put it in the hands of the Lord. And I believe that if, if, if the Lord touches him to grant me clemency, then that is what's going to happen."

The governor has virtually unlimited authority under Ohio law to grant clemency, postpone the execution or allow it to proceed. He is not bound by the board's recommendation.

Strickland has granted clemency twice since taking office in 2007. The governor commuted the sentence of John G. Spirko Jr. to life without the possibility of parole in January 2008.

In February, the governor accepted the board's recommendation and commuted the death sentence of Jeffrey Hill in February to life in prison with parole possible after 25 years. Hill killed his mother, but his family opposed the execution.

Strickland, an ordained Methodist minister who once worked as a prison psychologist at the Lucasville lockup, said earlier this week that he struggles with every death penalty case.

"I have concerns about every execution," the governor said. "I think this is not something that I ever take lightly Anytime a life is taken, regardless of the circumstances, that's a serious matter."



Story tools

---- Advertisement ----

Visitors’ Guide

The weather stays pretty temperate in Washington most of the time until late into the fall, so it is a great season to visit the nation's capital, stroll along the National Mall and gaze at the leaves while you check out the Lincoln Memorial, the Washington Monument and other treasures.

More visitor information


Multimedia

Audio Podcasts


Capitol Square

Go behind the scenes at Broad & High Streets. Download our weekly look at state government.

Editorial Cartoons

Click here to load this Caspio Bridge DataPage.