The surviving victim in a triple murder will have her day in court.
Summit County Common Pleas Court Judge Amy Corrigall Jones on Monday denied a request for sanctions against Summit County prosecutors in Eric Hendon’s murder case. One of the requested sanctions would have barred Ronda Blankenship, who survived the shooting rampage that left her boyfriend and his two teen-age children dead, from testifying.
Blankenship was pleased by Jones’ long-awaited decision on the sanctions question.
“She definitely wants to testify,” said Elizabeth Well, an attorney for the Ohio Crime Victim Justice Center who is representing Blankenship. “She was very happy.”
Hendon’s defense attorneys claimed sanctions were warranted because of prosecutors withholding evidence in Hendon’s case and being uncooperative about information sought from Blankenship. The other sanctions defense attorneys Brian Pierce and Don Malarcik sought were a dismissal of the charges against Hendon or the removal of the death-penalty specification.
Prosecutors, however, argued they had taken the required steps in the case and that the sanctions weren’t warranted.
Corrigall Jones agreed in her brief written order.
“We have complied with all of the court’s orders, followed the law in this case and provided the defense with all evidence they are entitled to,” said Brad Gessner, chief counsel for Summit County Prosecutor Sherri Bevan Walsh. “We will continue to stand with and fight for the victim in this case.”
Malarcik, though, said he and Pierce are looking out for the best interest of their client in the capital case.
“We will continue to fight for a fair trial on behalf of Eric Hendon and insist that the prosecutor’s office plays by the rules,” he said.
Jury selection is underway in Hendon’s trial, with testimony expected to start in late March.
Eric Hendon and his younger brother, Michael, were charged in the New Year’s Eve 2013 shooting spree at the Barberton home of 42-year-old John Kohler, Blankenship’s boyfriend. Kohler; his stepdaughter, Ashley Carpenter, 18; and her brother, David Carpenter-Kohler, 14, died of gunshot wounds to the head during a home invasion for a stash of marijuana and drug money. Blankenship was stabbed in the cheek and shot in the head, losing her left eye.
Michael Hendon was convicted of multiple counts of aggravated murder and sentenced to life in prison with no parole.
Blankenship was a key witness in Michael Hendon’s trial, testifying that Eric Hendon was the principal offender. However, an entry in Blankenship’s diary that surfaced in October showed she identified Michael Hendon as the family’s attacker. Prosecutors say she simply mixed up the names but has been consistent in her physical descriptions of her attackers.
The journal entry led defense attorneys to seek Blankenship’s medical and psychological records, any electronic devices she used to communicate about the case and her email and social-media passwords.
Concerned about the personal information being sought, Blankenship contacted the Ohio Crime Victim Justice Center, a nonprofit organization based in Columbus that provides legal help to victims in criminal proceedings.
Well has filed two appeals with the Ninth District Court of Appeals challenging Corrigall Jones’ initial order for Blankenship’s personal items and the release of her medical records to attorneys.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.