ELYRIA — An appeals court has overturned the murder conviction of a teenager serving a 35-year-to-life prison sentence for the shooting death of his friend during a botched robbery because of prosecutorial misconduct.

Chapman

The 9th District Court of Appeals ruled Justin Chapman, now 17, should receive a new trial because the deal prosecutors cut with his accomplice and cousin, Julian Smith, was contingent upon Chapman being convicted.

But county Prosecutor Dennis Will said Monday that’s not the deal his office had with Smith, who got a reduced 13-year-prison sentence in exchange for his testimony in Chapman’s trial last year.

“That his plea agreement required a conviction, that’s not true,” Will said. “The requirement was he testify truthfully, that he cooperate with the prosecution and that he would testify to anything he had knowledge of.”

The appeals court did not have a copy of Smith’s written plea agreement when it made its decision.

Smith testified that on April 26, 2005, he, Chapman and Darren English forced their way into the home of William Fiske III, a small-time drug dealer who lived on G Street in Lorain. The three were armed with handguns and wearing masks.

Smith testified he heard a gunshot from where Chapman was standing while English struggled with Fiske. After more gunfire, the three fled the area, leaving Fiske, who had been shot six times, behind. Fiske survived the shooting and also testified in the trial.

English was also hit by gunfire, and he and Smith fled in one direction, while Chapman ran another way. The shot that hit English ultimately proved fatal, and Smith and Chapman were charged with murder.

The appeals court said that had Smith not been given the deal, he may have testified differently and the outcome of the trial may have been different.

Will said he will review the decision before deciding whether to ask the Ohio Supreme Court to examine the appeals court decision.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

 

---

Print this story
Report an inappropriate comment

---

In order to comment, you must agree to our user agreement and discussion guidelines.

Need help? Email Us.

---