Jeffrey T. Deel v. Arnold R. Jago

967 F.2d 1079, 1992 U.S. App. LEXIS 14010, 1992 WL 133297
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 1992
Docket91-3181
StatusPublished
Cited by16 cases

This text of 967 F.2d 1079 (Jeffrey T. Deel v. Arnold R. Jago) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffrey T. Deel v. Arnold R. Jago, 967 F.2d 1079, 1992 U.S. App. LEXIS 14010, 1992 WL 133297 (6th Cir. 1992).

Opinions

MERRITT, Chief Judge.

In 1985 an Ohio jury convicted the defendant, Jeffrey T. Deel, of murdering a ten-year-old child. Jeff Deel was fifteen years old at the time of the crime. There were no eyewitnesses to the murder. No motive for the killing was, or has been, deduced. And Deel steadfastly maintains that he is innocent. Deel was sentenced to fifteen years to life imprisonment. His conviction and sentence were affirmed on direct appeal by Ohio state courts. His petition for habeas corpus relief was denied by the United States District Court for the Northern District of Ohio.

Deel now appeals the denial of the writ. He attacks his conviction on three grounds. Specifically, he asserts that the evidence was insufficient to support a guilty verdict; he claims that prejudicial pretrial publicity denied him an impartial jury in violation of the Sixth and Fourteenth Amendments; and he challenges the constitutionality of Ohio Rule 30 under which the juvenile court determined he should be tried as an adult. We address each claim in turn. But first we set out the facts of this bizarre and tragic case.

I. FACTS

Because the defendant brings a sufficiency of the evidence claim and asserts significant discrepancies between the versions of events presented to the jury, we have reviewed the entire record and set forth a detailed statement of facts.

At approximately 6:50 pm on October 23, 1984, the body of ten-year-old Danny O’Donnell was discovered lying face down in Lake Erie just off Bennett Road Beach in Madison Township, á Lake County community in Northeastern Ohio. His sister’s bicycle which he had been riding was found lying on its side on the top of a retaining wall.

On November 9, 1984, the Madison Township Police Department filed a complaint against the defendant, Jeff Deel, in [1081]*1081the Juvenile Division of the Lake County Court of Common Pleas. That same day, the prosecution filed a motion to transfer the proceedings to the Court of Common Pleas (Adult Division). The juvenile court, pursuant to Ohio Rule 30, conducted a probable cause hearing to determine whether Jeff was amenable to rehabilitation in a juvenile institution or whether the court should waive its jurisdiction so that Deel could be tried as an adult. In December 1984, the juvenile court ordered Deel transferred to the Court of Common Pleas for prosecution as an adult. Deel was thereafter indicted for murder by the Lake County grand jury. At arraignment he pleaded not guilty. He also moved to dismiss the action, claiming that the juvenile court unlawfully waived its jurisdiction. The motion was denied, as was the defendant’s motion for a change of venue.

As the prosecutor told the prospective jurors, “[tjhere was nobody on that beach that saw the murder we allege.” The state’s case against Jeff Deel was built upon circumstantial evidence in the form of physical evidence, written statements, and the testimony of twenty witnesses. Deel put forth an alibi defense. During the six day trial, the jury learned the following:

A. Witnesses’ Testimony as to Petitioner’s Whereabouts on October 23rd, 1984

Salvatore Palma, a sixteen year old friend of Jeff Deel’s, testified that he and Jeff were together on the afternoon of October 23rd. Palma acknowledged purchasing a six-pack of beer, whereupon Jeff reportedly stole two cans of hair spray-coloring from a local pharmacy. The two boys then rode their bicycles toward Bennett Road Beach where they drank beer, and spraypainted obscenities on a wall. Palma said he left Jeff at the beach at 5:10 pm. Palma recalled that Jeff had a backpack with him.

Two teenage girls testified that they saw Jeff Deel and Salvatore Palma riding their bikes together toward the lake between 4:15 to 4:30 pm on October 23. Both girls remembered Jeff carrying fishing poles, tackle box, and a net. One girl remembered Deel wearing a backpack.

The victim’s mother, Donna O’Donnell, testified that while Jeff was not friends with Danny, Jeff’s younger brother, Brian, was a peer and playmate of Danny’s. Although Danny was very athletic, and was a particularly strong, competitive swimmer, he did have one known health problem. Two and a half years prior to his death, Danny had been diagnosed as epileptic. Ms. O'Donnell said that Danny suffered one grand mal seizure about every six months, but only at night while asleep. His last known seizure occurred in July 1984. Danny took Dilantin twice daily for his condition.

Jody O’Donnell, Danny’s twelve year old sister, testified that at about 6:15 pm, while outside with Danny, she saw Jeff Deel bicycling from the direction of the lake. She said Jeff wore a blue jacket, boots, and an orange knapsack. When Jeff rode by her house, Jody said she heard her brother ask Jeff if he had caught any fish. Jeff said he had, and asked Danny to go with him to the beach to see the fish. She said Danny then accompanied Jeff to the beach.

Charles O’Donnell, Danny’s father, stated that at approximately 6:10 pm, he saw Jeff Deel through an open window of his home. He testified to the same conversation and chain of events described by Jody. Mr. O’Donnell recalled that Deel wore a fishing vest and waders and rode a blue ten-speed bike.

Carrie Stoneman, a thirteen year old who lived across the street from the O’Donnells, testified that around 6:10 pm she saw an older, heavyset boy in front of the O’Donnell house as she drove by in a car. She remembered that person wearing a baseball cap, jacket and pants. He had with him an orange knapsack. Though she was unsure on October 23rd who that boy was, at trial she identified him as the defendant.

Debra Cossaboom lived four houses north of the O’Donnells, closer to the lake. Ms. Cossaboom stated that at 6:15 pm on the 23rd, while standing at her front door, she saw Danny riding his sister’s bike toward the lake with a husky male on a ten-[1082]*1082speed whom she was unable to identify. Pamela Byers, a neighborhood resident, said that shortly after 6:00 pm, while in her yard, she saw a small blond boy and a larger boy ride their bicycles past their house. She could not identify the larger boy, but noted that he wore a dark jacket and pants. Though she did not know the smaller boy’s name at the time, she did recognize him to be a neighbor.

Lowell McCoy lived a few hundred feet from Bennett Road Beach. Mr. McCoy testified that from his yard he saw a male sitting on the beach breakwall. He said that the person sitting on the breakwall wore a dark blue windbreaker and a reddish backpack. He also noticed “a small kid running around the end of Bennett Road_” McCoy made these observations shortly after 6:00 pm. He did not recall seeing any fishing equipment or bicycles. McCoy left his home fifteen to twenty minutes later, at dusk, and while driving spotted the person he thought he had seen on the breakwall riding a bike away from the lake. The person was wearing a knapsack. He could not identify the person he saw as Jeff Deel.

Ms. Susan Zuzek testified that between 6:10 and 6:15 on the evening of the 23rd, her husband called her at home to request a ride. She left home 25 to 30 minutes later as dusk descended. While driving, she witnessed “a bigger fellow” wearing a beige fishing or hunting vest turn off of Bennett Road onto Madison Avenue, riding his bike in the opposite direction from which she was travelling. At trial, Ms. Zuzek identified the person on the bike as Jeff Deel.

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Jeffrey T. Deel v. Arnold R. Jago
967 F.2d 1079 (Sixth Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
967 F.2d 1079, 1992 U.S. App. LEXIS 14010, 1992 WL 133297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffrey-t-deel-v-arnold-r-jago-ca6-1992.