COLUMBUS, Ohio - The Ohio Supreme Court is once again weighing whether to uphold the sentence of the state's only woman on death row.
Attorneys for Donna Roberts told justices Tuesday that evidence showing their client was mentally ill and suffered brain trauma should have been considered by the judge who resentenced her to death in 2007.
Prosecutors say Roberts made a decision not to enter the evidence in order to receive a death sentence, and the judge's silence on the issue in a sentencing entry meant he gave it no weight.
The discovery of a prosecutor's involvement in writing Roberts' death penalty sentencing order led the high court to overturn her initial death sentence in 2006.
Roberts was convicted of the 2001 murder of her former husband, Robert Fingerhut, in Howland in northeast Ohio.