Defense for convicted cop killer Benjamin Ritchie says he’s seeking clemency because of fetal alcohol syndrome that caused him to have severe brain damage.
The argument is that brain damage is what caused Ritchie’s criminal behavior when he stole a van then ran from police before shooting and killing Beech Grove Police Department Officer William Toney in 2000.
There are now efforts underway at the statehouse and U.S. Supreme Court to determine whether Ritchie’s execution scheduled for May 20 will proceed. Ritchie’s defense is pushing for a new and “fair” sentencing of life in prison instead of the death penalty.
“We want a chance at a fair sentence,” Deputy Public Defender and Ritchie’s attorney Mark Koselke said in an interview with WISH-TV.
The Indiana Parole Board will make a recommendation to Gov. Mike Braun on whether to grant clemency. Braun has not said which way he’s leaning on it.
Meanwhile, Ritchie’s petition to the U.S. Supreme Court seeks to stay his execution, arguing that trial counsel was ineffective because they never presented evidence of fetal alcohol syndrome.
“Ritchie has never alleged he suffers from a mental disease, or defect, that prevents him from understanding court proceedings, assisting his counsel, or apprehending the justification for his sentence,” Koselke said.
Koselke says Ritchie is wanting to spend whatever time he has left to do good in his victim’s name.
“Any situation in his life, he’s forever disabled,” said Koselke. “This isn’t something that he’s going to get better from.”
Ritchie’s next clemency hearing is set for Monday in Indianapolis.
1 comment
The insanity defense (and by extension, the brain damage defense) need to go away just like “hate” crime laws do. A crime is a crime, and the circumstances of the perpetrator don’t particularly matter is Lady Justice is actually wearing that blindfold.
We need to get back to accountability.