Posted by Lisa Strawbridge - email
TOLEDO, OH (WTOL) - Both defense attorneys and prosecutors argued in court Wednesday over Toledo murder suspect Anthony Belton facing the death penalty.
Belton is awaiting trial, charged with aggravated robbery and the August 2008 shooting death of BP gas station clerk Matthew Dugan.
Defense attorneys say prosecutors are violating the civil rights of 24-year-old Belton by seeking the death penalty if convicted. They say they want the death penalty filing dropped, arguing that defendants in similar cases have not faced death.
Additionally, defense attorneys say they want to know if Lucas County prosecutors in previous murder cases considered race or gender of the defendants when seeking the death penalty.
Prosecutors argued they did not discriminate against Belton. "We look at each case individually," said Prosecutor Dean Mandross. "Our decisions are evidence-based and certainly don't take into account any improper consideration. I think it's important that the public understands that."
Judge Ruth Ann Franks will decide on the motion to drop the death penalty filing. Attorneys from both sides will be back in court Monday for another hearing.
The murder trial is still set to begin on June 7.
