TOLEDO (WTOL) - An appeal in Russell Adkins case has been declined and that means he cannot be retried for the 1982 death of Dana Rosendale.
The Ohio Supreme Court declined to accept the state’s appeal in the case of State of Ohio v. Russell Adkins.
In August, the Ohio 6th District Court of Appeals overturned the 2016 murder conviction of Adkins, who was convicted of the death of Rosendale, 19. The appeals court opined that too much time had passed between the incident and the prosecution.
The high court’s ruling means the court of appeals overturning Adkins' guilty verdict will stand.
Adkins has been acquitted and cannot be retried.
Throughout his trials, Adkins maintained his claim of innocence. Adkins' attorneys said that he was giving Rosendale, 19, a ride home from a club on Sept. 5, 1982, when she fell out of his car in Northwood because the door had a bad latch. Prosecutors claimed that he hit her over the head. Rosendale died at Mercy St. Charles Hospital on Sept. 11, 1982.
Wood County Prosecuting Attorney Paul Dobson issued a statement on the case Wednesday.
“The pain and loss of a loved one does not transform over time into an intellectual pursuit for family members. This office will continue to fight for justice for victims of crime, even when passage of time is at issue,” Dobson said.
“The most we can do is pour our knowledge, commitment, and passion into our cases. Ultimately, it is left for others to decide. At least Dana’s family was able to hear the facts of the case and the reaction of 12 independent citizens after hearing a full presentation by both sides.”
