Appeals court throws out death sentence

In a 2-1 decision, the panel said Jason Getsy's death sentence violated
an Eighth Amendment "arbitrariness" standard because other defendants in
the case were sentenced to life in prison.

Getsy, formerly of Hubbard, was convicted of aggravated murder in the
slaying of Ann Serafino, 68, of Hubbard, and of the attempted murder of
her son, Charles "Chuckie" Serafino.

Prosecutors said John Santine offered Getsy and two others $5,000 to
kill Charles Serafino, a business rival, and any witnesses because of a
dispute over Serafino's landscaping business. Ann Serafino was killed because
she was home when the gunmen attacked, authorities said.

Santine, who was convicted on an aggravated murder charge, and the
others - Richard McNulty and Ben Hudach, who entered guilty pleas - were
sentenced to life in prison. Only Getsy was sentenced to death.

The Ohio Supreme Court left the death sentence intact. But the 6th
Circuit said the sentence was disproportionate because Santine was equally, if
not more, guilty.

The appeals court sent the case back for an evidentiary hearing on
Getsy's claim of judicial bias and gave Ohio 180 days to reconsider the
sentence.
Kim Norris, spokeswoman for Ohio Attorney General Jim Petro, said the
case was being reviewed and there was no decision on whether to appeal the
panel's ruling to the full court.

Judges Gilbert Merritt and Karen Nelson Moore sent the case back to
U.S. District Court for an evidentiary hearing on Getsy. Judge Ronald Lee
Gilman dissented.

"The majority has not cited a single case in which the Supreme Court
has declared an otherwise lawful death sentence imposed upon an individual
unconstitutional on the ground that another participant in the murder
did not receive the death penalty," Gilman wrote.

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