The Knucklehead of the Day award

Today's winner is Attorney Keith A Yeazel. He gets the award for his creative appeal for convicted murderer Phillip E Elmore.

COLUMBUS, Ohio, Aug. 8 — Lawyers for a man convicted of beating a former girlfriend to death with a lead pipe argued before the Ohio Supreme Court on Tuesday that their client should be spared the death penalty, partly because jurors were not allowed to smoke while deliberating.

“A capital trial is supposed to be a considered process,” said Keith A. Yeazel, one of the lawyers. “Jurors shouldn’t be trying to speed up the process so they can go outside and smoke a Kool cigarette.”

The defendant, Phillip E. Elmore, 43, admitted his guilt during his trial in October 2003. While on the stand, Mr. Elmore said, “I feel I deserve the worst punishment that there is,” according to the court transcript.

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They also noted that the trial lawyers had not objected when Judge Jon R. Spahr of the Licking County Common Pleas Court rejected jurors’ request for cigarette breaks while they were deliberating. This amounted to discrimination against smokers, Joseph Edwards, another of the lawyers, said Tuesday, and created a reason for jurors to rush through the most important phase of the trial.

The jurors had had to decide whether Mr. Elmore was guilty of aggravated murder and, in a second phase of deliberations, whether he deserved the death penalty or life in prison.

The justices appeared unimpressed with the lawyers’ argument.

“You’re saying that because the trial judge didn’t allow them to smoke that smokers are being discriminated against?” Justice Maureen O’Connor said. “Are you proposing a new right for an entire class of people?”

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On June 1, 2002, Mr. Elmore broke into Ms. Annarino’s house while she was away, according to the case transcript. He was upset because she had ended their relationship, he said at trial. Ms. Annarino returned home to find Mr. Elmore waiting with a loaded shotgun, the transcript says.

He then choked her and struck her four times in the head with a pipe, according to his confession, which was entered as evidence.

The next appeal will be a juror had to hold their bladder too long and were distracted at trial! For coming up with an idiotic defense for a murderer, Keith A Yeazel is today's knucklehead of the day.

Hat tip- Captain's Quarters
Linked to- Bright & Early, Blue Star, TMH's Bacon Bits, Jo's Cafe, Third World County, Mudville Gazette, Stuck on Stupid, Basil's Blog, Stop the ACLU