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Jury sworn in Kirkland resentencing, attorneys ask for mistrial

60 views · Published 27 July 2018 · 2:46 · Indexed 20 September 2026

Channel: LOCAL 12 · 2018 · News & Politics

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CINCINNATI (WKRC) - A jury was sworn in late Tuesday to decide whether Anthony Kirkland will be sentenced to death a second time for the murders of two teenagers. However, Kirkland's attorneys tried to end the proceedings by asking for a mistrial, accusing the media of airing conversations between them and their client.

"We would respectfully move for a mistrial," attorney Rich Wendal said Tuesday morning. "It inhibits Mr. Kirkland's ability to feel that he can effectively communicate with counsel. He certainly has an expectation of privacy."

The short exchange in question between Kirkland and his attorneys took place Monday as Kirkland tried to explain an incident in the jail that led corrections officers to place him in restraints.

Kirkland’s attorneys took their claims a step further by stating a microphone on the judge’s bench was recording private sidebar conversations between Judge Dinkelacker and the attorneys.

“That microphone that’s on your desk by the media is certainly picking up all of our sidebar conversations,” attorney Tim Cutcher said.

The claim was false and none of the sidebar conversations were picked up by the microphone or reported by the media. The microphone actually belonged to the court.

“I do not find that any prejudice has been shown to Mr. Kirkland so the motion for mistrial is overruled,” Judge Pat Dinkelacker said.

The tedious work of selecting a jury through the process called voir dire continued Tuesday. Attorneys tried to narrow the pool of potential jurors to those who could be fair in hearing the state’s evidence about the gruesome killings of Casonya “Sharee” Crawford and Esme Kenney. Jurors will have to weigh the aggravating factors surrounding the crimes against the mitigating factors about Kirkland’s mental health and abusive childhood.

“You’re trying to get those middle jurors who believe the death penalty can be appropriate in some circumstances but are also willing to consider alternatives,” said defense attorney Bill Gallagher, who’s tried 13 death penalty cases.

The jury was sworn in just before 4 p.m. Tuesday. It is composed of six white men, four white women and two African-American women. Four alternates were also seated.

The jury will consider four possible sentences: Death, life in prison without parole and parole eligibility after serving 25 or 30 years. Jurors will visit the scene of Esme Kenney’s murder Wednesday morning.

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