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The Ohio Parole Board by a 5-2 vote last month recommended clemency for Getsy because other defendants in the slaying, including Santine, appeared just as guilty but weren't sentenced to die. Gov. Ted Strickland overruled the board last week, saying the sentencing disparity did not by itself justify granting clemency. Appeals courts previously have questioned Getsy's sentence. A three-judge panel of the 6th U.S. Circuit Court of Appeals overturned his sentence in 2006, saying it was arbitrary. The full 6th Circuit reinstated it in 2007 in an 8-6 ruling. The Ohio Supreme Court also noted the sentencing differences in a 1998 ruling but said that was not enough to spare Getsy. The U.S. Supreme Court late Monday denied Getsy's request for a stay of execution. His lawyers had said they wanted challenge Ohio's lethal injection system as unconstitutionally cruel.
[Associated
Press;
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