(source Reuters, February 20^th, 1998)

OHIO: Feb, 20^th 1998 – The mother of a man scheduled to be the 1^st person executed in the state of Ohio in 35 years has asked a federal court to reverse his death sentence, even though he has repudiated all appeals on his own behalf, Jennie Franklin filed an appeal through the Ohio Public Defender’s office Thursday to prevent the state from executing her son, Wilford Berry, 35, condemned to die by lethal injection March 3^rd for the 1989 murder of his boss, a Cleveland baker.

Berry has admitted to the slaying and repudiated all legal efforts to block his execution. In December, the Ohio Supreme Court ruled unanimously that he is mentally competent to make his own decision on whether he chooses to live or die.

"To deny him that would be to incarcerate his spirit—the one thing that remains free and which the state need not and should not imprison, the state’s high court said in its opinion.

Judge Algenon Marbley of the U.S. District Court in Columbus set a hearing for next Wednesday on the appeal, which will be opposed by the state. The appeal asks the judge to overturn Berry’s conviction of murdering Charles Mitroff on grounds of mental incompetence.

Ohio put the death penalty back on its books in 1981. There are 174 men om death row in the state, including Berry, put appeals and legal procedures have so far kept any of them from being executed.

The Honorable George V. Voenovich

Governor of Ohio

Riffe Center

77 S. High St.

Columbus, OH 43215

Dear Governor:

Ms. Margarette Ghee

Adult Parole Board

1050 Freeway Dr. North

Columbus, OH 43229

Dear Ms. Ghee:

Faxes: 1 614 752 1251

Telephone: 1 614 752 1207