ELYRIA — Convicted killer Stanley Jalowiec, who was sentenced to death for killing a police informant in 1994, will not get a new sentencing hearing because his initial conviction was valid, a county judge ruled Tuesday.
Common Pleas Judge Christopher Rothgery ruled that prior entries in Jalowiec’s case had provided a valid judgment of conviction and he denied Jalowiec’s request for resentencing.
Jalowiec, who has been on death row since 1996 when he was convicted in the 1994 slaying of police informant Ronald Lally, wanted a new sentencing hearing, arguing the original entry that ordered his execution didn’t say he was found guilty by a jury.
The same problem with sentencing entries in the controversial Head Start child molestation case allowed county Common Pleas Judge James Burge to take a new look at the convictions of Nancy Smith and Joseph Allen. He ultimately acquitted the pair, a decision prosecutors are currently fighting.
In the Jalowiec case, prosecutors have objected to any resentencing, arguing that Jalowiec waited for more than a decade before bringing up any potential problems with the sentencing entry.
Jalowiec, who maintains his innocence, also is fighting his conviction on the federal level and has a case pending before the U.S. Sixth Circuit Court of Appeals.
Along with Jalowiec, two other men were charged in connection with the murder of Lally, who was shot in the face, cut with a knife, beaten and run over by a car.
Lally’s body was found in a Cleveland cemetery shortly before he was to testify at the drug trial of Raymond Smith and Daniel Smith.
Daniel Smith was acquitted but his father, Raymond Smith, was convicted and sentenced to death. Later, Rothgery later ruled that the elder Smith was mentally retarded and couldn’t be executed and Rothgery instead imposed a life sentence on Raymond Smith.
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