Ohio Supreme Court upholds convicted killer’s death sentence in - Cincinnati News, FOX19-WXIX TV

Ohio Supreme Court upholds convicted killer’s death sentence in 1991 Hamilton Co. murder

(Ohio Department of Corrections) (Ohio Department of Corrections)
(Facebook/Amber Garrett Memorial) (Facebook/Amber Garrett Memorial)
HARRISON, OH (FOX19) -

The Ohio Supreme Court ruled 5-2 Tuesday in favor of allowing the death sentence to stand for a man who killed a 10-year-old Harrison girl in 1991.

The court said Hamilton County had the right to try the case against Jeffrey Wogenstahl despite his claim that the evidence could not determine whether his victim, Amber Garrett, was killed in Ohio or Indiana.

Prosecutors said Garrett was stabbed and beaten and her body was found just across the state border in Bright, Indiana.

Authorities searched for three days before finding her body in an overgrown area not far from where a witness had spotted Wogenstahl’s car on Jamison Road.

Justice Sharon L. Kennedy wrote the majority opinion and said although the evidence does not support the prosecution’s theory that Garrett was murdered in Wogenstahl’s apartment in Hamilton County, consequently, the evidence does not prove that the girl was murdered in Indiana.

A witness saw Garrett alive as Wogenstahl drove past her heading into Indiana.

Chief Justice Maureen O’Conner wrote the dissenting opinion stating that based on the timeline of events established by the prosecution it can be reasonably determined Garrett was murdered in Indiana and therefore the Hamilton County court did not have the jurisdiction to try Wogenstahl for aggravated murder.

Both agreed that the legality of the statue should have been argued in court before there was a ruling on Wogenstahl’s death sentence.

Wogenstahl was found guilty of aggravated murder, kidnapping and aggravated burglary in 1993.

In 1994, the First District Court of Appeals upheld his conviction as did the Ohio Supreme Court in 1996.

After this execution date was set, Wogenstahl filed a motion in 2015 to stay his execution and reopen his appeal alleging that the Hamilton County court did not have the jurisdiction to try him.

Copyright 2017 WXIX. All rights reserved. 

  • FOX19 HeadlinesMore>>

  • Ivanka Trump to push for 'maximum pressure' on North Korea

    Ivanka Trump to push for 'maximum pressure' on North Korea

    Friday, February 23 2018 6:24 AM EST2018-02-23 11:24:37 GMT
    Friday, February 23 2018 11:47 AM EST2018-02-23 16:47:21 GMT
    (AP Photo/Ahn Young-joon. Pool). Flanked by White House Press Secretary Sarah Huckabee Sanders, left, Ivanka Trump, advisor to and daughter of U.S. President Donald Trump, speaks as she arrives at the Incheon International Airport in Incheon, South Kor...(AP Photo/Ahn Young-joon. Pool). Flanked by White House Press Secretary Sarah Huckabee Sanders, left, Ivanka Trump, advisor to and daughter of U.S. President Donald Trump, speaks as she arrives at the Incheon International Airport in Incheon, South Kor...
    Ivanka Trump, the daughter of the American president, has landed in South Korea to attend the closing ceremony this weekend for the Winter Olympics in Pyeongchang.Full Story >
    Ivanka Trump, the daughter of the American president, has landed in South Korea to attend the closing ceremony this weekend for the Winter Olympics in Pyeongchang.Full Story >
  • Florida school shooting: 'abject breakdown at all levels'

    Florida school shooting: 'abject breakdown at all levels'

    Thursday, February 22 2018 11:34 PM EST2018-02-23 04:34:46 GMT
    Friday, February 23 2018 11:47 AM EST2018-02-23 16:47:12 GMT
    (Mike Stocker/South Florida Sun-Sentinel via AP). Mourners attend the funeral service for Marjory Stoneman Douglas High School assistant football coach, Aaron Feis. at the Church by the Glades in Coral Springs, Fla., Thursday, Feb. 22. 2018. Football p...(Mike Stocker/South Florida Sun-Sentinel via AP). Mourners attend the funeral service for Marjory Stoneman Douglas High School assistant football coach, Aaron Feis. at the Church by the Glades in Coral Springs, Fla., Thursday, Feb. 22. 2018. Football p...

    'Abject breakdown on all levels': Florida high school where ex-student accused of fatally shooting 17 people reopening to teachers Friday amid revelations an armed officer on campus did nothing to stop suspect,...

    Full Story >

    'Abject breakdown on all levels': Florida high school where ex-student accused of fatally shooting 17 people reopening to teachers Friday amid revelations an armed officer on campus did nothing to stop suspect, other issues.

    Full Story >
  • Trump calls for arming many teachers, more guards at schools

    Trump calls for arming many teachers, more guards at schools

    Friday, February 23 2018 10:18 AM EST2018-02-23 15:18:09 GMT
    Friday, February 23 2018 11:45 AM EST2018-02-23 16:45:26 GMT
    (AP Photo/Andrew Harnik). President Donald Trump takes a question from reporters before boarding Marine One on the South Lawn of the White House in Washington, Friday, Feb. 23, 2018, to travel to Oxon Hill, Md. to speak at the Conservative Political Ac...(AP Photo/Andrew Harnik). President Donald Trump takes a question from reporters before boarding Marine One on the South Lawn of the White House in Washington, Friday, Feb. 23, 2018, to travel to Oxon Hill, Md. to speak at the Conservative Political Ac...
    President Donald Trump says the armed officer who didn't stop the gunman who carried out last week's Florida massacre was either a "coward" or "didn't react properly under pressure.".Full Story >
    President Donald Trump says the armed officer who didn't stop the gunman who carried out last week's Florida massacre was either a "coward" or "didn't react properly under pressure.".Full Story >
Powered by Frankly