Time to set Joe D'Ambrosio free - Regina Brett

It happens because Ohio does not have open file discovery in criminal cases. It happens because some prosecutors put winning cases over pursuing justice.

D'Ambrosio has been sitting on death row for almost two decades.

Last week a panel of three federal judges ruled he should get a new trial or be set free because prosecutors withheld crucial evidence that would probably have exonerated him.

Two years ago, U.S. District Judge Kate O'Malley said the same thing.

In 1988, Tony Klann's body was found in Doan Brook with his throat slashed. Here is some of the key evidence that prosecutors withheld:

The defense never knew that the first homicide detectives on the scene concluded that the murder did not take place at Doan Brook. Had the defense attorney seen that report, he could have said it contradicted the testimony of the state's only "eyewitness," who said the murder happened there. That "eyewitness" got a reduced sentence for his testimony.

The defense never knew that there was a cassette tape recording with an informant saying "other people" were involved. The defense never got the police report that said the tape was attached. The defense never got the tape, either. It's still missing.

The defense never knew that Paul Lewis was the first person to call police and finger D'Ambrosio for Tony Klann's murder.

The defense never knew that Lewis had recently been accused of raping Tony's roommate, that the only eyewitness to that alleged rape was Tony. When the man who reported the rape missed his court date, Lewis was released from jail. Soon after, Klann ends up murdered.

No wonder D'Ambrosio's trial lasted only three days. His attorney never got enough evidence to put up much of a defense.

Kudos to John Lewis and his team of lawyers from Jones Day for taking on this case for free.

As for the Cuyahoga County prosecutors, instead of wasting time and money appealing this latest decision, it's time they examine the integrity of the office and how they conduct business.

Hiding evidence in a capital murder case should be considered obstructing justice.

The state has three options left: Try to appeal the decision. Retry D'Ambrosio. Set D'Ambrosio free.

It's time for the state's interim attorney general to free Joe D'Ambrosio. The federal judges gave the state 10 reasons to do so.

I'll give you 20 more: 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008.

Joe D'Ambrosio has already served enough years in prison for a crime it appears he did not commit.

It's time to set him free.

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