COLUMBUS, Ohio (AP) - Lawyers for a condemned inmate scheduled to die next week have asked the Ohio Supreme Court to toss out his death sentence.
The attorneys say Billy Slagle's death sentence should now be considered excessive because the county prosecutor says he wouldn't have sought that sentence if the crime were committed today.
The filing Wednesday in the Supreme Court says the prosecutor's own capital punishment policy is the best measure of which killings should be considered the worst.
In a rare move, Cuyahoga County prosecutor Tim McGinty asked the Ohio Parole Board to spare the 44-year-old Slagle, sentenced to die for killing neighbor Mari Anne Pope in 1987.
The board and Gov. John Kasich both rejected mercy for Slagle, who also filed a last-minute request for a new trial.
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