Abuse in foster care alleged
Petition for new trial includes allegations adoptive family mistreated convicted killer
BY JOHN HIGGINS
Beacon Journal staff writer
CANTON: The day Michael Dean Scott's adoptive family testified on his behalf, they drew sympathy from attorneys on both sides of his murder trial. Even the mother of one of his victims wept for them.
Fred and Betty Scott had adopted Michael when he was 10. They told jurors they were devastated when he abruptly left their home and their lives on his 18th birthday.
Prosecutors argued that Scott squandered the attention the family gave him. Defense lawyers agreed that he enjoyed a loving, stable home with the Scotts, but the family's best efforts could not overcome the abuse he suffered in his early childhood.
However, a routine petition for a new trial filed yesterday in Stark County Common Pleas Court includes accusations the Scotts beat Michael with machine belts and forced their religion on him and other foster children.
Scott, now 23, was sentenced to death last April for the 1999 murder of Dallas Green, 19, of Canton and the aggravated murder of Ryan Stoffer, 21, of Nimishillen Township. He also was convicted of kidnapping and aggravated robbery for killing Stoffer during a test drive while the victim was trying to sell his car.
Attorneys had hoped evidence of Scott's abusive early childhood would persuade jurors to spare him a death sentence.
The petition, filed by the Ohio Public Defender's Office, criticizes Scott's trial lawyers for not thoroughly investigating the Scott family, who testified during the sentencing portion of the trial.
Attorneys Angela M. Greene and Wendi Dotson allege that interviews they conducted with two former foster children who lived with the Scott family reveal that the Scotts:
``Routinely beat their children, including Michael, with machine belts, which they called `Mr. and Mrs. Brown.' ''
``Forced both foster and adoptive children, including Michael, to witness for their religion, Jehovah's Witness, in violation of social services regulations for foster homes.''
``When a foster child refused to go to the Jehovah's Witness Hall for a religious service, the Scotts placed two dogs on either side of the foster child to prevent her from getting up while the family was away.''
The Scotts could not be reached last night for comment, but attorney Jeffrey Jakmides, who represented Scott at trial, said such allegations never surfaced during the investigation.
``There was absolutely no indication in the records that his adoptive foster parents were anything but exemplary foster and adoptive parents,'' Jakmides said.
The petition also contends that the jury was tainted by publicity before the trial and may have felt community pressure to return a death sentence.
Media coverage included more than 150 newspaper articles and 40 television news stories, according to the petition. Seven of the 12 seated jurors admitted to reading, seeing or hearing about the case.
``Local newspapers became what can only be described as giddy at the prospect of Stark County providing another death row inmate,'' according to the petition.
Greene said Scott's attorneys did not ask that the trial be moved to another jurisdiction.
``We'd hope for a new trial less subject to the public outcry over the crimes,'' Greene said.
The chances of that are unlikely, said Ohio Public Defender David Bodicker.
Although the petition for a new trial is routine, the Ohio Supreme Court has never upheld such a motion in 220 death penalty cases, Bodicker said.
Still, the petition raises issues that could be useful in the federal courts, the next step in the appeals process after the Ohio Supreme Court.
``We have to go through this in order to preserve any claims for federal court,'' Bodicker said.
Bodicker said his office's efforts are in addition to a direct appeal of the conviction and sentence to the Ohio Supreme Court, which will be handled by Akron attorneys Renee W. Green and Annette L. Powers.
............................................
PS: Prisca!
Don't shoot at me. I didn't write the story - just so you have that clear. John Higgins can be reached at 330-478-6000 (Ext. 12) or 1-800-478-5445 or [email protected]
Yakki Da
Kent
"The only difference between a fool and the JW legal department is that a fool might be sympathetic ."
Daily News On The Watchtower and the Jehovah's Witnesses:
http://watchtower.observer.org