A decision was made

 

• While Arthur Tyler was granted executive clemency, his sentence was commuted to life in prison without parole. Initially, Governor Kasich did not follow the unanimous recommendation of the Parole Board to grant Mr. Tyler parole eligibility. Then, in April 2018, Governor Kasich commuted his sentence to Life with Parole Eligibility, only to be disappointed again when the parole board went against their first recommendation and denied Mr. Tyler parole. Thus far, Arthur Tyler has been denied parole twice. Because he was on death row, he is eligible to request a pardon from the governor. On May 19, 2022, the parole board held a pardon hearing and sent their 6 against-3 for recommendation to Governor DeWine. The Governor has not yet made his decision and is under no time limit to do so.

 

• Watch the legal team's Clemency Hearing Presentation Video.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• Watch videos of Arthur Tyler describing his reaction to this decision (Part I and Part II).

 

• Read below to learn about the background of Mr. Tyler's case. 

 

Leroy Head confessed to the murder no less than eleven times.

 

• Arthur Tyler had an execution date set for May 28, 2014, despite grave doubt and serious unfairness associated with his case. Mr. Tyler was sentenced to death based on the testimony of one man, his co-defendant, Leroy Head.

 

• No physical evidence connected Arthur Tyler to the murder of Mr. Sander Leach. The only witness to this crime and the only person who claims Mr. Tyler was the shooter was Mr. Tyler’s co-defendant, Leroy Head.

 

• However, Leroy Head admitted to killing Mr. Leach no less than eleven times. Leroy Head voluntarily confessed to the police that he alone shot and killed the victim in this crime, Mr. Sander Leach. On March 14, 1983, only two days after the murder of Mr. Leach, police picked up Mr. Head with other men on an unrelated matter. Mr. Head was noticeably nervous. Mr. Head asked to speak with his mother and the police complied with his request. After Mr. Head spoke with his mother, she left the interview room in tears, affirming “he did it."

 

Leroy's story changed

 

• After Mr. Head confessed that he alone murdered Mr. Sander Leach, he changed his story to implicate Mr. Tyler as the shooter after receiving special consideration from the prosecutor. On May 27, 1983, Leroy Head changed his story completely. Just before the trial, the prosecutor offered him a deal that if Mr. Head pled guilty to a lesser charge and testified that Arthur Tyler was the shooter; Mr. Head would be sentenced to life imprisonment with the chance of parole after 20 years.

 

• In Ohio, if a murder was not premeditated, only the “triggerman” can be eligible for the death penalty. The tragic murder of Mr. Sander Leach was not premeditated. Hence, only the person who pulled the trigger can be eligible for the death penalty.

 

• Mr. Head’s story drastically changed after speaking with the prosecutor; meanwhile, Arthur Tyler has maintained the same story for over 30 years: he did not murder Sander Leach.

 

Grave doubt and serious unfairness of Mr. Tyler's case

 

• Mr. Tyler’s conviction was made possible only by the testimony of his co-defendant, who himself confessed to the murder no less than eleven times.

 

• The discrepancy in sentencing between Mr. Head and Mr. Tyler is unacceptable. Mr. Tyler remains in prison while Mr. Head, who confessed to the crime no less than eleven times, is a free man. As the original plea agreement dictated, Mr. Head was eligible for parole after 20 years and was released from prison in 2008.

 

• No court has ever had a chance to thoroughly review all of the confessions made by Leroy Head.

 

 

The case of Arthur Tyler exemplifies egregious mistakes by the criminal justice system at crucial junctures in his litigation.

 

• The defense provided to Mr. Tyler during his initial trial was so ineffective and laced with racial slurs, he was granted a second trial.

 

• Governor Kasich granted clemency to Ronald Post in December 2012 based on “ineffective assistance of counsel.”

 

• Originally, the jury at the second trial was initially split in their decision to recommend the death penalty for Mr. Tyler. In Ohio, a divided jury results in a mandatory life sentence. In Ohio a jury must be unanimous to recommend death.

 

• During Mr. Tyler’s post-conviction appeal, a sworn affidavit by Mr. Head that once again confirmed he was the murderer was inexplicably lost by the court during the proceedings.

 

• During federal habeas proceedings, the court allowed Mr. Head to be deposed under oath thus providing an opportunity for Mr. Head to correct his trial testimony and tell the truth. But the prosecutor refused to grant immunity to Mr. Head and accordingly, Mr. Head asserted his Fifth Amendment right to remain silent and said nothing.

 

There is confusion whether or not the death penalty should have been a sentencing option in the first place.

 

• Notably, a Task Force comprised of legal experts, prosecutors, defense attorneys, and judges was commissioned to study Ohio’s death penalty.

 

• In 2013, that Task Force voted to recommend that cases where robbery was the aggravating factor should not be considered for the death penalty because data proves that those cases exhibit greater racial disparities than other crimes.