Ohio takes man with intellectual disabilities off death row

COLUMBUS, Ohio -- Ohio Gov. Mike DeWine has removed a man from death row for the first time, saving the life of an inmate with intellectual disabilities.

In late May, DeWine commuted Gregory Lott's death sentence to life in prison without the possibility of parole. No one has been executed under the governor's leadership, but this is his first death row removal.

A panel of judges convicted then 26-year-old Lott of setting an East Cleveland man on fire during a 1986 burglary. He was sentenced to death.

Court records show Lott broke into John McGrath's home, doused him with flammable lamp oil, set him on fire, ransacked his home and then stole his car. The victim, who was 80, died 10 days after the attack.

Now nearly 65, Lott has been in and out of court for years.

"This is a case where substance abuse, drug and alcohol addiction was part of what was happening," Kevin Werner with Ohioans to Stop Executions said. "Mr. Lott has an intellectual disability."

In 2002, the U.S. Supreme Court ruled that it is unconstitutional to execute people with intellectual disabilities. Both prosecutors and defense attorneys agreed Lott was disabled, but still, he was set to be killed.

There is not just one valid IQ test, but the average score ranges from 90 to 109, according to researchers following the Wechsler Adult Intelligence Scale. Lott's IQ was roughly 70, his clemency report showed.

"This was an example of a death penalty case that showed some of the hallmarkings of where the underlying conviction isn't necessarily what is in the best interest of justice," Werner said.

First reported by our partners at The Marshall Project, DeWine commuted Lott's sentence, walking him off death row and into life in prison with no parole.

His commutation letter cites Lott's intellectual disability and advocacy from the family members of McGrath, who are opposed to the death penalty.

From our previous reporting, the Parole Board voted to commute Lott's sentence after a clemency hearing with representatives from each side. The Cuyahoga County Prosecutor's Office argued that the family's request to take away the death penalty wasn't legitimate, considering McGrath had left his family and gone no contact for years. However, McGrath's Catholic priest said that he would oppose the death penalty.

But more than just what the family wanted, the legal reasoning may lie in the Eighth Amendment, against cruel and unusual punishments.

"The State and the defense both stipulated that under the current law, Lott is intellectually disabled," a spokesperson for the prosecutor's office said. "With that taken into consideration as well as additional factors, the State withdrew our opposition to Lott's request for clemency."

Just weeks after signing this commutation, the governor spoke about how he wanted to abolish capital punishment.

"I no longer believe the death penalty is a deterrent to murder," DeWine said. "The moral justification I had for voting for the death penalty simply no longer exists."

Early in his first term as governor, DeWine declared lethal injection was "no longer an option," citing a federal judge's ruling that the protocol could cause inmates "severe pain and needless suffering." He also said that the drugs were hard to get.

The governor is right - to an extent. Major pharmaceutical companies do not want their drugs to be used to kill. However, other states have been able to skirt that by using local pharmacies and putting provisions in law that protect the identities of sellers.

Werner hopes this commutation could be the start of an effort by the governor to remove the hundreds of inmates on death row before he leaves office. The governor has declined to address that.

There are about 30 cases scheduled for execution. The first one is set to take place two days into the next governor's term.

Republican leadership has said they don't want DeWine to issue mass commutations, and many are still fighting to get the death penalty back working.

"You look at some of the most heinous, reprehensible cases that we see that wind up with somebody being placed on death row, and they say in those circumstances, 'How are you going to deny that kind of punishment?'" Senate President Rob McColley (R-Napoelon) said.

McColley, unlike more outspoken supporters of the death penalty, sits in the middle of the debate: knowing in some cases it is warranted, but worrying about making sure all the evidence is there.

House lawmakers, like state Rep. Phil Plummer (R-Dayton), have been trying to find ways to restart the lethal injection process. He proposed legislation to allow for nitrogen gas to be used to kill inmates.

"This is about accountability," Plummer said while testifying.

The governor really holds the power here when it comes to executions taking place, so it's up to him to choose what the remaining six months of his term look like with commutations.

"We're hoping DeWine takes a broad view when exercising his clemency powers," Werner said.

GOP leaders insist that capital punishment will be back once the governor leaves office.

Republican nominee Vivek Ramaswamy won't be as against executions as DeWine.

"Vivek supports the death penalty only in the most egregious cases, and applied only after the legal process has established absolute certainty on every element of the crime, the facts, and the law," Ramaswamy's spokesperson Connie Luck said.

Democratic nominee Dr. Amy Acton would keep DeWine's pause in place.

"As governor, my responsibility is to uphold and apply the law of Ohio. Given court rulings, I will respect Ohio's current moratorium," Acton said in a statement. "As governor, I will take a hard look at the death penalty and will listen to Ohioans on this issue."

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