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LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -

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LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -  Empty LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -

Post by twinkletoes Sun Nov 17, 2013 6:25 am

Tuesday, October 31, 2000
Child killer wins death-row appeal

Judges overrule conviction in 1978 case

By Dan Horn

The Cincinnati Enquirer


        After spending 22 years on Kentucky's death row for the slaying of a Cincinnati child, Eugene W. Gall Jr. was told Monday he really belongs in a mental hospital.

        A federal appeals court threw out Mr. Gall's murder conviction after concluding that evidence about his mental condition was not properly considered at his 1978 trial.

        Mr. Gall was convicted of abducting 12-year-old Lisa Jansen as she walked to her Columbia Township school April 5, 1978. He then raped and shot the girl, dumping her body in Northern Kentucky.

        In a 2-1 decision, the U.S. Sixth Circuit Court of Appeals ruled that the former Hillsboro, Ohio, man did not get a fair trial.

        “There is little doubt that Gall committed the acts in question,” wrote Judge Nathaniel R. Jones. “Unfortunately ... the trial and appellate courts failed in their duty to administer justice.”

        Judge Jones, along with fellow Judge Boyce F. Martin, found that the trial did not address the issue of whether Mr. Gall suffered from an “extreme emotional disturbance” before the murder. If Mr. Gall was found to have suffered from such a disturbance, he could have been declared legally insane.

        The decision stunned prosecutors.

        “It's unfortunate,” said Linda Tally Smith, the commonwealth's attorney for Boone and Gallatin counties. “It's just fascinating the court of appeals could buy into this argument.”

        Ms. Smith said Mr. Gall's mental state was thoroughly addressed during the trial. She said Mr. Gall refused to accept an insanity defense and claimed he could not remember the murder.

        The Kentucky attorney general's office may appeal to the full appellate court or to the U.S. Supreme Court. Mr. Gall, who has been on Kentucky's death row longer than any other prisoner, will remain there for now.

        Judge Jones said his ruling is conditional on Kentucky granting Mr. Gall a hearing for “involuntary hospitalization.”


http://www.enquirer.com/editions/2000/10/31/loc_child_killer_wins.html
twinkletoes
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Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.

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LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -  Empty Re: LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -

Post by twinkletoes Sun Nov 17, 2013 7:28 am

KY: Eugene Gall - Court Upholds Decision To Erase '78 ..
Sat May 1, 2010 17:06
78.35.112.172

Court Upholds Decision To Erase '78 Murder Conviction
Accused Killer Avoids Execution, Eligible For Parole In '21
POSTED: 12:32 pm EDT April 30, 2010
LOUISVILLE, Ky. --

A split federal appeals court upheld the expungement of a former death row inmate in a rape and slaying case that led to Kentucky's first death sentence after states resumed executing inmates in 1976.

The Thursday 2-1 decision wipes away the arrest, conviction and sentence of 63-year-old Eugene Williams Gall Jr. in the 1978 kidnapping, rape and death of 12-year-old Lisa Jansen.

Jansen's death and Gall's trial sent shivers through northern Kentucky and southern Ohio.

The decision upholds a 2008 decision by U.S. District Judge Danny Reeves and means the conviction for Jansen's slaying cannot be held against Gall, once he's parole eligible in Ohio in about a decade.

In 2001, a federal appeals court overturned Gall's conviction and death sentence in Kentucky, saying prosecutors failed to prove key elements of the case. The appeals court also said a prohibition against double jeopardy forbade a retrial.

Rather than have Gall involuntarily and indefinitely committed in a civil proceeding, Kentucky turned Gall over to Ohio in 2001 to serve a life sentence for rape and murder in multiple other attacks on young girls, including one murder, in four counties in the southern part of Ohio.

A jury in Ohio convicted him in 1979, and he is serving his sentence at Lebanon Correctional Institute in Warren County. He is parole eligible in 2021.

"Having made its decision, the Commonwealth cannot now complain of its consequences and certainly may not seek to impose unconstitutional effects on Gall in order to negate its perhaps ill-considered decision," wrote Judge Boyce Martin, who was joined by Judge Helene White.

Judge Jack Zouhary dissented, saying the evidence that Gall killed Jansen is "overwhelming," as is evidence of Gall's extreme emotional disturbance. The Ohio Parole Board can investigate Gall's background and reach whatever conclusions it likes, making an expungement worthless to Gall.

"In short, Gall has no current dispute with the Commonwealth that would make any difference in his status as an Ohio inmate or otherwise," Zouhary wrote. "Regardless, in this case, the question is academic, as ordering expungement will not make a bit of difference."

Allison Gardner Martin, a spokeswoman for the Kentucky Attorney General's office, said prosecutors are looking at whether to seek further review of the decision.

Gall was accused of kidnapping Jansen as she walked to her Columbia Township, Ohio, school in April 1978, then taking her to Kentucky where she was raped and shot to death. He was convicted of the death by a Kentucky jury.

Linda Tally Smith, the current Commonwealth's Attorney in Boone County, where Gall was convicted, recalled thinking of him as "the monster under the bed" and being afraid of strangers on the street after Jansen's disappearance.

Two Ohio juries convicted Gall in 1979 in other cases. In the first, jurors found Gall guilty on two counts of kidnapping. He was sentenced to seven to 25 years on each count to run consecutively.

In the second case, jurors convicted Gall of one count of kidnapping for which he received seven to 25 years, one count of rape for which he received seven to 25 years and one count of murder for which he received a life sentence.

 http://www.wlwt.com/news/23320144/detail.html
twinkletoes
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Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear

Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.

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LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -  Empty Re: LISA JANSEN - 12 yo - (1978) / Convicted and overturned: Eugene Gall - Columbia Township, OH -

Post by twinkletoes Tue Nov 19, 2013 12:22 am

Wednesday, November 13 2013, 11:27 PM EST

Convicted Child Rapist and Killer Could Get Out on Parole OAKWOOD -- A parent's worst nightmare could come true.

A man convicted of kidnapping, raping and murdering two girls, one from Oakwood and the other from Cincinnati, nearly 40 years ago, could be released from prison.

A metal plaque hanging inside Oakwood High School isn't the only reminder of 14-year-old Beth Ann Mote, whose life was cut short in 1977, by a convicted child rapist and killer.

"Clearly people are still concerned about how freely their children can travel the neighborhood," said Lyn Atherton, Oakwood resident.

Montgomery County Prosecutor Mat Heck is convinced this man, Eugene Williams Gall Junior, should never be released.

"It's just incredible, it's unbelievable, just a helpless, compliant little girl is victimized and killed," said Mat Heck, Montgomery County Prosecutor.

The teen's body was found in a field off Medlar Road, she was raped and stabbed to death.

"This is the guy our parents warned us about when we were children," said Mary Montgomery, Assistant Montgomery County Prosecutor.

Now Gall could be released from prison, he will go before a parole board next month.

Gall, seemed smug and confident in 1979 when he was convicted in Kentucky of raping and murdering 12-year-old Lisa Jansen, from Cincinnati.

After years of fighting his conviction, he won in 2000, after his attorney proved he was legally insane.

His conviction was overturned and removed from his record.

He then came to Ohio to serve out his life sentence for killing Mote, but was granted time served.

"Even with therapy, the chances of them repeating their crimes is extremely high," said Atherton.

Gall's record dates back to the early 70s: multiple convictions of rape, attempted rape, aggravated robbery, kidnapping, and the list goes on.

Now the fight is on to keep Gall behind bars.

"No person, let alone a parent, wants that kind of person with that troubled, troubled mind , and history and potential, to be in their neighborhood," said Atherton.

There are several web sites that you can go to to let your voice be heard about Gall's possible release.

To do that, click here and for the second site, click here.
Posted: 12:00 a.m. Saturday, Nov. 2, 2013





http://www.abc22now.com/shared/news/top-stories/stories/wkef_vid_17102.shtml
twinkletoes
twinkletoes
Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear

Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.

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