Benner Glenn
Inmate #: 190672
Offense: ATTEMPTED AGG MURDER, ATTEMPTED RAPE, KIDNAPPING, AGG BURGLARY, GSI, RAPE (3 Counts), KIDNAPPING (2 Counts), RAPE (5 Counts), ABDUCTION, AGG MURDER (2 Counts).
Committing County: Summit
Date of Admission: 5/14/86
DOB: 09/24/62
Institution: Mansfield Correctional Institution

Columbus Dispatch

"Serial murderer executed at Lucasville," by Alan Johnson. (Tuesday, February 7, 2006 10:44 AM)

LUCASVILLE, Ohio -- A serial rapist and murderer, described by one victim's family member as a "wicked angel of Satan," was executed this morning. Glenn L. Benner II, 43, died by injection at 10:15 a.m. at the Southern Ohio Correctional Facility near Lucasville. He was the first Ohioan executed this year and the 20th since the state resumed capital punishment in 1999.

In a final statement while strapped to the lethal injection table, Benner addressed the victim's famlies. "Over the last 20 years, I've caused you unimaginable pain. I'm sorry. Trina and Cynthia were beautiful girls who dind't deserve what I did to them." "That won't get you into heaven, ace," said Timothy Bowser, a brother of one of victims who was a witness.

For the first time ever, prison officials allowed a face-to-face meeting in the Death House between the condemned man and a family member of a victim. Benner talked for about 15 minutes beginning at 8 a.m. with Rodney Bowser, also a brother of Trina Bowser, a victim.

On Jan. 1, 1986, Benner kidnapped, raped and strangled the 21-year-old woman, leaving her body in the trunk of her burning car on I-76. It was discovered by her brother and parents who were searching for her. Prisons spokesman Andrea Dean described the cell-front meeting as calm. She said Bowser, who was a childhood friend of Benner, "had some personal questions he wanted answered and the inmate answered."

Benner also was convicted and sentenced to death for the Aug. 6, 1985, kidnapping, rape and murder of Cythnia Sedgwick, 26, whom he met at a George Thorogood concert at Blossom Music Center near Akron. Her decomposing body was found a week later in a wooded area near the concert center. He also was convicted for raping and choking two other woman before he was captured.

Benner, who played football in high school and came from a middle-class family, started drinking alcohol and smoking marijuana as a teen-ager. That evolved into a serious substance abuse habit, according to court records. By the age of 18, he had already attempted suicide.

He exhausted all his legal appeals and did not seek clemency from Gov. Bob Taft. The governor, who is required by law to do a clemency review even if the inmate does not request it, said there was no reason for mercy in Benners case.

Reuters News

"Ohio murderer apologizes before execution," by Jim Leckrone. (Tue Feb 7, 2006 11:36 AM ET)

COLUMBUS, Ohio (Reuters) - A man convicted of raping and killing two women 20 years ago was executed on Tuesday in Ohio moments after he apologized to his victims' families for the "unimaginable pain" he had caused. Glenn Benner, 43, was pronounced dead at 10:15 a.m. 1515 GMT following an injection of lethal chemicals at the Southern Ohio Correctional Facility in Lucasville, said Jo Ellen Lyons, a spokeswoman for the state prison system.

"I just need you to give me two seconds," Benner said in remarks to the families of his victims just before the drugs were pumped into his body. "Over the past 20 years I have been in unimaginable pain." The two women he killed, he said, "were beautiful girls who did not deserve what happened to them. They are in a better place. I pray that God will grant you peace." "I have been going over and over in my head trying to think of the words I can say to you that would ease the unimaginable pain that you have been going through for 20 years because of my actions," he added. "Words seem so futile. All I can say is I'm sorry. May God give you peace," Benner concluded.

He was the sixth person put to death in the United States so far this year and 1,010th since 1976 when the country reinstated capital punishment.

Benner was convicted of kidnapping, raping and murdering Cynthia Sedgwick, 26, in August 1985 in a wooded area near Akron, Ohio, and raping and murdering 21-year-old Trina Bowser in Akron in January 1986.

He was also convicted of rape and attempted murder of two other women in the months between the two slayings. Benner, who said he was under the influence of drugs when the crimes were committed, did not seek clemency from Governor Bob Taft.

As his final meal he chose four bacon cheeseburgers, potatoes, a salad, soft drinks, blueberry pie and ice cream.

Cleveland Plain Dealer

"Man executed for 2 deaths, meets with victim's brother beforehand," by JOHN McCARTHY. (The Associated Press 2/7/2006, 7:56 p.m. ET)

LUCASVILLE, Ohio (AP) — A man was executed Tuesday for raping and strangling a woman he grew up with and a woman he met at a concert in a five-month spree of assaults while on drugs.

About two hours before Glenn L. Benner II died by injection, he met privately with the brother of one of his victims. Rodney Bowser, who requested the meeting, said recently he wanted to talk to his boyhood friend to resolve some unanswered questions that have haunted him for years, such as how Benner and his sister crossed paths the night of her death. "We relived the whole night, and he filled everything in," Bowser said in a telephone interview Tuesday afternoon. "He answered everything."

Their 15-minute discussion through the cell door at the Southern Ohio Correctional Facility was the first such meeting between an inmate about to be executed and a victim's family member. Bowser declined to discuss the details of the conversation but said Benner was remorseful and calm. The two men spoke on the phone twice Monday night before meeting Tuesday morning.

Benner, 43, was convicted of kidnapping, raping and murdering Trina Bowser, 21, in 1986, leaving her body in the trunk of her car along a highway in Tallmadge, the town where they grew up across the street from each other. In the year earlier, he strangled Cynthia Sedgwick, 26, of Cleveland Heights, after a George Thorogood concert.

Benner admitted committing horrific crimes while under the influence of drugs. He had refused to ask for his life to be spared because he said the process does not consider whether a person changes in prison. He smiled at relatives and nodded toward the victims' families when he entered the execution chamber.

"Over the last 20 years I've caused you unimaginable pain and I'm sorry. Trina and Cynthia were beautiful girls who didn't deserve what I done to them. They are in a better place. I pray that God will grant you peace," Benner said just before he died.

Bradley Bowser, one of Trina's three brothers who witnessed the execution, said softly, "That won't get you into heaven, ace." After the execution, 13 of Trina Bowser's family members criticized the law allowing only three people for each victim to witness the executions and lashed out against death penalty opponents. Those who feel sadness for Benner should know their "comments are meaningless to us, because you have not suffered the heart-wrenching loss and ongoing nightmare of a loved one being brutally murdered," said Scott Bowser, Trina's nephew, who read a statement from the family. Death penalty opponents typically protest at the prison during executions, and dozens were outside Tuesday.

Benner spent countless summer days as a boy splashing at a swimming hole with Trina and Rodney Bowser. Rodney and his parents discovered her car along the highway on a winter night after the young secretary didn't return from visiting a girlfriend. Sedgwick's body was found in the woods at Blossom Music Center near Akron, and several witnesses saw Benner carrying her into the area. Her parents and brother were at the execution but did not comment.

He was the 20th man Ohio has executed since resuming the death penalty in 1999.

Hilary Hughes, a pen pal of Benner's while he was in prison, traveled from Dublin, Ireland, to watch the execution with Benner's aunt. Hughes said Benner had "begged God for forgiveness." Benner also assaulted two other women in the Akron area in northeast Ohio.

He killed to avoid getting caught so he could continue assaulting women, said Phil Bogdanoff, an assistant Summit County prosecutor. He was a football player and well-liked in his middle-class neighborhood. He began abusing marijuana and alcohol at age 13, tried to commit suicide at 17 and was most likely intoxicated when he raped and killed, according to a psychologist who evaluated Benner two weeks after his conviction. Benner had below average intelligence, experienced major depression and was prone to impulsive behavior that included a lack of anger control, the psychologist wrote.

Benner appealed numerous aspects of his trial, claiming ineffective lawyers and misconduct by prosecutors. He agreed to DNA testing in one of his legal challenges and the 2003 results clearly established that he raped and killed Bowser.

Akron Beacon Journal

"Food, family fill inmate's last hours; Convicted killer dines on bacon cheeseburgers as he awaits execution," by Stephanie Warsmith. (Feb. 07, 2006)

LUCASVILLE - Condemned killer Glenn Benner II spent his final evening munching an all-American meal of cheeseburgers, blueberry pie and ice cream, while visiting with family and friends in Ohio's death house. By 10:30 this morning, Benner will likely be dead.

Gov. Bob Taft denied Benner clemency Monday, 18 ½ hours before his scheduled death by lethal injection at the Southern Ohio Correctional Facility. Benner didn't seek clemency, but the state was required to consider him for it anyway. His attorney said there will be no last-minute appeals. Benner was sentenced to death for the rapes and murders of Trina Bowser of Tallmadge and Cynthia Sedgwick of Cleveland Heights in 1985 and 1986. He was also convicted of attacking three other Northeast Ohio women. Benner, 43, formerly of Springfield Township, would be the 20th inmate executed since Ohio resumed the death penalty in 1999.

`Special' meal
Benner rode six hours from the Ohio State Penitentiary in Youngstown to Lucasville, arriving at 9:35 a.m. Monday. He received a medical and psychological exam and ordered his last ``special'' meal. The menu: four bacon Cheddar cheeseburgers on a toasted bun with all the fixings, a baked potato with butter and sour cream, french fries, onion rings, macaroni and cheese, a chef salad with creamy Italian dressing, iced tea, Coke with ice and salt, blueberry pie and chocolate-chip ice cream.

During the afternoon, Benner talked to prison staff and looked through personal papers he brought with him, said Andrea Dean, a prison spokeswoman. ``He's been very calm and compliant -- very conversive with the execution team,'' Dean said during a Monday afternoon press briefing. Dean described Benner as courteous and polite but private. She said, for example, that he did not want to discuss what his possessions are or whom he plans to give them to.

Morning ritual
Benner will remain in the death house until he is led to the execution chamber, where he can give a last statement before being administered drugs that will stop his breathing and heart. In a recent statement, he said he would address the Bowser and Sedgwick families. Besides his attorney, Kate McGarry, a former Ohio public defender who now lives in New Mexico, Benner's witnesses will be Hilary Hughes, a friend from Ireland, and Mary Lou Silvers, an aunt.

Family, friends visit
About 4:45 p.m. Monday, Benner's time to meet with his family and friends began. The visits took place in a large room in the death house, where Benner and his loved ones were to sit around a table. This opportunity was to last until 8 p.m. Benner planned to visit with Hughes; Silvers; Lori and Michael Quinn, his sister and brother-in-law; Bari Kish, his sister; and Kristen Richmond-Rake, a niece. He will have unrestricted time with McGarry and the Rev. Herb Weber, a Catholic priest from Perrysburg. Benner was to have access to a phone to make as many collect calls as he wants. In his cell, he also has a television, radio, paper and pen, and Bible. This morning, he will be offered the same breakfast as other inmates. Between 6:30 and 8 a.m., he will be able to have visitors, who will talk with him from outside his cell.

Victims' witnesses
Benner's victims' families have had a difficult time deciding who will witness his execution. The state limits each family to three spots. This was particularly a problem for Bowser's four brothers, who all wanted to see Benner die. Timothy and Bradley Bowser will be witnesses. Rodney and Randy Bowser planned to decide during the night who would get the third spot. The Bowser family even asked media witnesses if they would give up their spots in exchange, but the state's rules forbid such a switch. James and Barbara Sedgwick, Cynthia's father and mother, and James Sedgwick Jr., her brother, will be the witnesses for her family. The two families will have 25 people at the prison during the execution. Two of Benner's surviving victims will also be there.

No interviews
Benner recently issued a statement saying he would grant no media interviews. He again mentioned concern for his victims' families. ``I will not comment further other than I underestimated the power of drugs and in doing so I committed horrific crimes and caused untold and unimaginable pain to many people -- both to people who knew and loved me, and to people to whom I was a terrifying, dangerous stranger,'' he wrote.

Akron Beacon Journal

GLENN BENNER TIMELINE (Posted on Sun, Feb. 05, 2006)

Aug. 12, 1985
The nude, partly decomposed body of Cynthia Sedgwick, 26, of Cleveland Heights is found in woods at Blossom Music Center.

Aug. 29, 1985
A 19-year-old bicyclist on Ranfield Road in Randolph Township is knocked off her bike and into a field.

Sept. 26, 1985
A 38-year-old woman in Akron's Goodyear Heights neighborhood is raped multiple times and choked in her home.

Oct. 7, 1985
Benner pleads guilty in Portage County Common Pleas Court to the attack on the bicyclist in Randolph Township on Aug. 29. In February 1986, he was sentenced to four to 10 years in prison.

Nov. 19, 1985
An 18-year-old Tallmadge woman is jogging when she's dragged off the road and choked.

Jan. 2, 1986
Trina Bowser's parents and brother find her naked body in the trunk of her car on Interstate 76 in Tallmadge shortly after midnight.

Jan. 21, 1986
A Summit County grand jury indicts Benner on 22 counts in the murders of Sedgwick and Bowser, the rape of the Goodyear Heights woman and the attack on the Tallmadge woman. Co-worker Robert Tyson is indicted on a charge of aggravated burglary in the attack on the Goodyear Heights woman.

Jan. 23, 1986
Benner pleads not guilty to all counts and chooses to be tried by a three-judge panel.

April 7, 1986
Benner's trial begins in Summit County Common Pleas Court before judges Frank J. Bayer, Glen B. Morgan and James E. Murphy.

April 15, 1986
After three hours of deliberation, the panel finds Benner guilty of 17 counts.

May 8, 1986
Tyson is sentenced to the minimum for aggravated burglary, five to 25 years in prison.

May 29, 1986
Three-judge panel imposes two capital sentences on Benner for the murders of Bowser and Sedgwick, and sentences of varying lengths for the other convictions.

Aug. 23, 1989
Tyson is released from prison after serving a little more than three years.

July 25, 2003
Benner submits to DNA testing not available in 1980s; testing proves he killed Bowser.

1987 to 2005
Benner appeals to state and federal courts. All his appeals are denied.

Jan. 24, 2006
Parole board holds clemency hearing; no one speaks on Benner's behalf.

Feb. 6, 2006
Gov. Bob Taft expected to agree with parole board and deny clemency.

Ohio Adult Parole Authority

DATE PUBLISHED: 1/30/2006
IN RE: GLENN L. BENNER, II #A190-672

STATE OF OHIO
ADULT PAROLE AUTHORITY
COLUMBUS, OHIO
Date of Meeting: January 24, 2006 - Minutes of the SPECIAL MEETING of the Adult Parole Authority held at 1030 Alum Creek Drive Columbus, Ohio 43205 on the date indicated above.

SUBJECT: Death Sentence Clemency
CRIME, CONVICTION: 86-01-0079: Aggravated Murder with Death Specification (2 counts); Rape (6 counts); Kidnapping (3 counts); Aggravated Burglary; Attempted Aggravated Murder; Attempted Rape; Gross Sexual Imposition 85-CR-0113: Abduction

DATE OF CRIME: 86-01-0079: August 6, 1985; January 1-2, 1986; September 26, 1985; November 19, 1985; 85-CR-0113: August 29, 1985
COUNTY: Summit / Portage
CASE NUMBERS: 86-01-0079, 85CR-0113
VICTIM: 86-01-0079: Cynthia Sedgwick; Trina Bowser; Nancy Hale; Shelli Powell; 85-CR-0113: Beth Ann Olenick

INDICTMENT: 86-01-0079: 1/21/1986: Counts 1, 2, 17 and 18: Aggravated Murder with Death Specification; Counts 3, 7, 8, 9, 19 and 20: Rape with Specification (Abduction); Counts 4, 14 and 22: Kidnapping with Prior Conviction Specification; Counts 5, 6, 12 and 13: Attempted Aggravated Murder; Count 10: Felonious Sexual Penetration with Prior Conviction Specification; Count 11: Aggravated Burglary with Prior Conviction Specification; Count 15: Attempted Rape with Prior Conviction Specification; Count 16: Gross Sexual Imposition with Physical Harm Specification; Count 21: Aggravated Arson with Prior Conviction Specification.

NOTE: In Case# 85-CR-0113 from Portage County there was no indictment. Glenn L. Benner, II pled guilty to a Bill of Information pursuant to a negotiated plea and was sentenced 4 to 10 years on February 3, 1986.

DATE OF VERDICT: 86-01-0079: 4/4/1986
VERDICT: 86-01-0079: Found guilty by 3 Judge Panel of all counts except Counts 1, 5, 6, 10 and 21 (Counts 12 & 13 merged and Counts 17 & 18 merged)

SENTENCE: 86-01-0079: 5/12/1986: Counts 2, 18: Sentenced to DEATH; Counts 3, 7, 8, 9, 19 and 20: 15-25 years; Counts 4, 14 and 22: 15 – 25 years; Count 11: 15-25 years; Count 13: 7-25 years; Count 15: 12-15 years; Count 16: 3-5 years
ADMITTED TO INSTITUTION: May 14, 1986
TIME SERVED: 236 months
AGE AT ADMISSION: 23 years old; DOB: 9/24/1962
CURRENT AGE: 43 years old

PRESIDING JUDGE: 86-01-0079: Honorable Frank J. Bayer; Honorable Glen B. Morgan; Honorable James E. Murphy
PROSECUTING ATTORNEY: 86-01-0079: Frederic Zuch and Judith Bandy
ACCOMPLICE: 86-01-0079: Robert Tyson – 5/8/1986: Sentenced to 5-25 years OSR; 8/23/1989: paroled; 9/27/1990: final release.

FOREWORD:
Clemency in the case of Glenn L. Benner, II #A190-672 was initiated by the Honorable Bob Taft, Governor of the State of Ohio, and the Ohio Parole Board, pursuant to Sections 2967.03 and 2967.07 of the Ohio Revised Code and the Parole Board Policy #105-PBD- 05. A previous Clemency Report was sent to the Honorable George V. Voinovich following a Clemency Hearing on September 4, 1996, which contained a unanimous Parole Board recommendation against clemency. On December 29, 2005, Mr. Benner declined an opportunity to be interviewed by a representative of the Parole Board at the Ohio State Penitentiary. On January 3, 2006, the Parole Board received a letter from Glenn L. Benner indicating that he was not applying for clemency consideration. On January 11, 2006, the Parole Board then received a letter from the Inmate’s Attorney, Kathleen McGarry, in which she reiterates that her client was not applying for clemency. On January 24, 2006, the Ohio Parole Board proceeded to hold a clemency hearing for Glenn L. Benner, II. There were no representatives present in behalf of Mr. Benner at this hearing. Those presenting on behalf of the State, were Summit County Assistant Prosecutor Philip D. Bogdanoff and Assistant Attorney General Michael Collyer from the Office of the Ohio Attorney General. Representatives present from the families of the victims included James Sedgwick, Cynthia Sedgwick’s father and Bradley Bowser, Trina Bowser’s brother, Rodney Bowser, Trina Bowser’s brother and Scott Bowser, Trina Bowser’s nephew and many others.

At the conclusion of the hearing the Board gave careful review, consideration and discussion to all testimony provided and supplemental materials submitted. The Board voted and reached a majority decision. We now submit to the Honorable Bob Taft, Governor of the State of Ohio, our report and recommendation.

DETAILS OF INSTANT OFFENSE CASE# 86-01-0079:
The following information was taken from the Ohio Supreme Court Direct Appeal Decision dated December 30, 1988: On the night of August 6, 1985 Cynthia Sedgwick and three friends attended the George Thorogood concert at Blossom Music Center in Summit County. While she was in what was described as a “tipsy” condition, Sedgwick wandered away from her companions several times. Glenn L. Benner II, also attended the concert accompanied by a group of friends, some of whom worked with him for Michael’s Construction. One of the group with the candidate, Anthony J. Hoehn, testified that he saw the candidate talking with a girl who was “fairly drunk or high.”

When the concert ended, Hoehn and another member of candidate’s group, Jeffrey Erhard, saw Mr. Benner walk through one of the music center’s parking lots and into the adjoining woods accompanied by the girl with whom Mr. Benner had been talking earlier. According to Erhard, the candidate “had his arm around her until he got to the parking lot, then he picked her up and carried her.” Erhard testified that he and Hoehn followed Mr. Benner into the woods but could not find him. Both Hoehn and Erhard testified that they called out for the candidate in the woods, but heard no response. Consequently, Hoehn and Erhard went home. The next day, Mr. Benner told Robert L. Tyson, a co-worker at Michael’s construction, that “he killed a girl at Blossom last night. He said he raped her and then choked her to death.” The day following the Thorogood concert, Sedgwick’s purse was found in the woods surrounding the Blossom Music Center. Subsequently, on August 12, 1985, a Blossom parking lot attendant found Sedgwick’s decomposed body in the woods. A Summit County deputy sheriff who was called to the scene shortly thereafter testified that a partial pack of Winston Cigarettes was found near the body. Other testimony indicated that neither Sedgwick nor anyone in her group smoked Winston cigarettes. Robert Tyson testified, however, that the candidate smoked Winstons. It was also testified that a knotted brassiere, a pair of socks tied together, and a tooth were found around Sedgwick’s body. On September 26, 1985, Mr. Benner and Robert Tyson entered the Akron home of Nancy Hale, which was located in a neighborhood where Michael’s Construction had been working. The candidate grabbed Hale by surprise and proceeded to rape her orally, anally and vaginally. While the candidate was raping Hale, Tyson was asking for money from her. Upon ceasing the rape, the candidate began to choke Hale with his hands. At that time, Tyson somehow got Mr. Benner to let go of Hale’s neck. Subsequently, the candidate and Tyson left Hale’s home. After he was apprehended by the Akron police, Glenn L. Benner confessed to raping Hale.

On the evening of November 19, 1985, Shelli Powell, a University of Akron Student, was jogging along Howe Road in Tallmadge, Ohio. Suddenly, Powell was hit from behind and landed face down on the side of an embankment. She testified that her attacker told her to “shut up,” not say anything and not look. The assailant then began to wrap tape around her head, covering her eyes. Powell stated that she was able to see her attacker’s profile for around five seconds before he taped her eyes shut. At that time, the assailant dragged Powell into the woods, whereupon he took off her shirt, brassiere, and the tape around her eyes, and began to fondle her. The assailant then put is hand down her pants and stuck his fingers in her vagina. As he stood up and began to undo his pants, Powell tried to run away. However, the assailant pounced on her from behind and began to choke her with his hands. Powell then became dizzy and lost consciousness.

When Powell regained consciousness, she was lying naked in mud. She noticed that something was tied tightly around her neck and mouth, which impeded her breathing. She climbed up the embankment towards Howe Road and proceeded to a house nearby for help. Upon reaching the house, she was admitted by the occupants, who called the Tallmadge Police. The officer responding to the call aided Powell and untied the knotted brassiere that was wound tightly around her neck. Subsequently, Powell identified the candidate as her attacker, both at trial and in an array of photographs. Robert Tyson testified that he discussed the attack on Powell with the candidate after hearing a radio report that a “Tallmadge jogger was attacked and raped.” Tyson further testified that Glenn L. Benner admitted he was the attacker, but denied he raped her “because he ran into complications.”

On January 1, 1986, Trina Bowser, an acquaintance of Mr. Benner who lived in the same neighborhood, was visiting her friend, Cheryl Leek. Leek testified that Trina left her home at 9:45 p.m., stating that she wanted to go home because she was tired. Between 12:15 and 12:20 a.m., January 2, 1986, Lincoln Skeen, Jr. was driving home from work when he found Bowser’s car on fire on the Akron expressway. Skeen flagged down a truck to help put out the fire, and afterwards phoned Bowser’s residence. After Bowser’s parents arrived on the scene, the trunk of the car was opened wherein Bowser’s corpse was found. Her ankles were bound with curtain tiebacks resembling those from the candidate’s new home on Butterbridge Road in Canal Fulton. In addition, Bowser’s underpants and brassiere were tied around her neck, and her jeans were wrapped around her head. A single set of footprints in the snow was found going away from Bowser’s car to a point on Southwest Avenue, just north of Newton Street. Steven Weigand, who owned the Northeast Auto Shop at that location, testified that he had seen a pickup truck with a broken grille in his parking lot at midnight on January 2. He further stated that at 1:20 a.m. he noticed that the truck was gone. Mr. Benner’s truck was later identified by Weigand as the truck he had seen that night.

The Summit County Coroner testified that tests indicated the presence of spermatozoa in Bowser’s anus and vagina. A criminalist employed by the Ohio Bureau of Criminal Identification and Investigation testified that the candidate could have been the source of the sperm. It was also testified that fibers and a green paint chip were found on Bowser’s coat, and that fibers were found on and around her corpse.

Shortly after the murder of Bowser, Robert Tyson phoned the Tallmadge police, and stated that he knew the perpetrator of the murders of Sedgwick and Bowser, and of the attack on Powell. After Tyson met with the coroner and several detectives, he told them of the Hale rape. On January 10, 1986, both Tyson and Glenn L. Benner were taken into custody by Akron police. That same day, the candidate confessed to the Hale rape. On January 12 and 14, 1986, police executed warrants to search Glenn L. Benner’s residence on Broadview Road, his new home on Butterbridge Road, and his truck. The executing officers seized clothing, vacuum sweepings, dryer lint, carpet fiber samples and two chips of green paint. On the clothing, in the dryer lint, and in the vacuum bag, blue bilobal acrylic fibers and green trilobal nylon fibers were found with the same characteristics as those fibers found on Bowser’s body and coat. On some of the clothing, white modacrylic fibers with the same characteristics as the fibers in Bowser’s fake fur coat were also found.

DETAILS OF CASE #85-CR-0113:
The Portage County Sheriff’s Office received a call on August 29, 1985, at approximately 7:50 p.m., to investigate a possible abduction and attempted rape. At the scene, Beth Ann Olenick advised that she was riding her bike on Ranfield Road. She saw the suspect standing along the road but thought nothing of him. As she rode by the suspect, she was pulled from her bike. The suspect then covered her mouth, and dragged her across a ditch into a cornfield. Ms. Olenick continued to fight the suspect for several minutes until he was scared off by a passing motorist that had stopped because of her bike being left in the road. After a search of the area, Glenn L. Benner II was arrested a short time later, and was positively identified by Ms. Olenick.

PRIOR RECORD:

Juvenile Offenses
On 1/27/1976 and 1/8/1980, the offender was arrested for Petty Theft in Summit County, Ohio, but the dispositions in both cases are unknown. Additionally, he was also arrested for Driving on a Suspended License, but the disposition for this case is also unknown.

Adult Offenses
10/08/1981 1. Criminal Trespass Akron, Ohio 1. Fine and costs (Age 19) 2. Criminal Mischief 2. Costs, Days suspended.
4/11/1982 Forgery Tallmadge, Ohio 6/7/1982: 6 months to 5 (Age 19) Case # 82-2-251 years OSR; Suspended and placed on 2 years Probation.
8/29/1985 Abduction Portage County, Ohio - INSTANT OFFENSE - (Age 22) Case #85-CR-0113
1/10/1986 Aggravated Murder Summit County, Ohio - INSTANT OFFENSE - (Age 23) (2 counts), Rape (6 counts), Kidnapping (3 counts), Attempted Rape, Attempted, Aggravated Murder, Gross Sexual Imposition, Aggravated Burglary Case #CR 86-01-0079.

OTHER CONVICTIONS:
On 4/26/1981, the candidate was cited with Speeding in Summit County, Ohio in Case # 81TRD14086 for which he was fined $25.00 and costs.
On 2/11/1982, the candidate was cited with a Red Light Violation in Summit County, Ohio in Case #82TRD4004 for which he received a $10.00 fine and costs.
On 4/09/1982, the candidate was cited with Speeding in Stark County, Ohio, for which he received a $15.00 fine and costs.
On 4/21/1982, the candidate was cited with Failure to Appear in Summit County, Ohio; he was fined $25.00 and costs.
On 10/23/1983, the candidate was charged with Intoxication in Akron, Ohio; he was fined $10.00 and costs.

DISMISSED/NOLLED AND/OR UNKNOWN DISPOSITIONS:
On 1/27/1982, the candidate was cited with Excessive Speed in Stark County, Ohio; disposition unknown.
On 6/30/1984, the candidate was cited with Willful Fleeing and Suspended Operator License in Akron, Ohio; dispositions unknown. On 5/01/1985, the candidate was cited with Suspended Operator License and Red Light Violation in Akron, Ohio; dispositions unknown.

SUPERVISION ADJUSTMENT:
On 6/7/1982, Glenn L. Benner was given a suspended sentence in Case # 82-2-251 and placed on two (2) years Probation. According to Officer Riley, Benner’s probation adjustment was adequate. He complied with the conditions of the probation while remaining felony arrest-free. His probation expired on 6-6-84.

INSTITUTIONAL ADJUSTMENT:
Glenn L. Benner II, #A190-672, was admitted on 5/14/1986, to the Southern Ohio Correctional Institution. With the relocations of Death Row, he was transferred to Mansfield Correctional Institution on 1/30/1995, and the Ohio State Penitentiary on 11/3/2005. Since his initial incarceration, Inmate Benner has received only one significant rule infraction on 1/8/1987 for throwing “body waste” at another inmate. He received 15 days in disciplinary control as a result. While incarcerated, Inmate Benner has worked as a typing clerk, recreation worker, laundry aide, and library aide. He has participated in AA programming, anger management, and the student speaking program.

INMATE’S STATEMENT:
On 12/28/2005, Glenn L. Benner II forwarded a letter to all of the Members of the Ohio Parole Board in which he indicated he is not seeking clemency (Letter attached).

INMATE’S REPRESENTATIVE:
Glenn L. Benner’s attorney, Kathleen McGarry was not present at the clemency hearing held on January 24, 2006. She stated in a letter to the Parole Board dated January 3, 2006, that her client Glenn L. Benner II was not seeking clemency (Letter attached).

STATE’S POSITION OPPOSING CLEMENCY:
In his presentation to the board, Assistant Summit County Prosecuting Attorney, Philip D. Bogdanoff asked the board to consider the following aggravating factors:

Nature of the offenses: Mr. Bogdanoff stated the very nature of the offenses is an aggravating factor. Mr. Benner attempted to kill four women and was successful in the aggravated murder of two of those victims. He committed four separate rapes on Ms. Hale and would have killed her if Mr. Tyson, co-defendant in that case, had not intervened and pulled Benner off of Ms. Hale as Mr. Benner was choking her. Ms. Hale told law authorities that her life had flashed before her eyes. The bra and panties of Ms. Powell were so tightly wound around her neck, the treating physician at that time stated she was as near death as anyone he had ever seen. He further stated that Mr. Benner killed or attempted to kill his victims by strangulation to avoid his apprehension. He wanted to continue to rape and kill. He left Ms. Hale with Mr. Tyson while he stole items from the house and when he saw Mr. Tyson later he asked if he had finished her off. Mr. Tyson responded that he had not and Mr. Benner said “now we’re going to get caught.” Mr. Benner attempted to burn the body of Trina Bowser and left the body of Cynthia Sedgwick in the woods where it would decompose so he would not get caught. He showed no concern for Ms. Sedgwick but did express concern that he may have left his fingerprints on her silver bracelet.

No residual doubt in this case: Assistant Summit Count Prosecuting, Attorney Bogdanoff, states there is no residual doubt in this case and in fact the case became stronger following the trial. Mr. Benner attended a concert with twelve friends and coworkers the night he killed Cynthia Sedgwick. Two of those friends, Jeff Erhard and Anthony Hoehn, who was also his boss, stated they saw Mr. Benner pick up Cynthia Sedgwick and carry her off into the woods. He further pointed out that Mr. Tyson stated that Mr. Benner gave him details of the crime. The coroner confirmed the wounds were consistent with the facts that he related. In 2003, many years following the trial, Mr. Benner’s DNA was tested because he challenged the initial identification of the blood and semen that was found in the vaginal and anal cavity of Trina Bowser. He stated there was no expert witness to confirm the testing. The test indicated that Mr. Benner’s DNA was a perfect match for the spermatozoa found in Trina Bowser’s body. There was also fiber evidence connected to the crime. Mr. Bogdanoff further stated that there were footprints in the snow that led from Trina Bowser’s car to an address that was across the street from an auto body shop. Mr. Benner’s truck was observed the night of the crime by Steven Weigand. Mr. Weigand owned the auto body shop. He later identified the truck as the one he had seen the night Trina Bowser was killed.

No mitigating factors: Counsel stated that Mr. Benner grew up in a loving family, went to school and played sports. He stated there is nothing in Mr. Benner’s background that mitigates these crimes.

Benner shows no remorse: Mr. Bogdanoff explained to the Board that Mr. Benner has never expressed remorse. He had the opportunity to do so at his mitigation hearing. Furthermore, although he admitted to the crime against Ms. Hale, he did not express remorse or apologize. Michael Collyer, Assistant Attorney General, stated in his presentation to the board that in the past he noted that the Board considers certain factors related to a case in order to determine possible mitigating factors.

Evidence of innocence: Mr. Collyer stated there is no evidence of innocence in this case and in fact Mr. Bogdanoff has offered information concerning evidence that connected Mr. Benner to the various crimes. He further states that Mr. Benner did not request clemency “because he knows he is not in the ballpark of deserving clemency.”

Mental Health Status: Mr. Collyer stated that Mr. Benner was determined to have no neurological impairment and that a brain scan had determined there was no abnormality.

Childhood: Mr. Benner came from a middle class family.

Ineffective Trial Attorney: Mr. Collyer stated that the Board considers if there was any evidence that should have been presented that was not presented.

Drug Use: Mr. Collyer stated that although Mr. Benner used marijuana and alcohol and experimented with other drugs prior to age 19, unlike the Mink case, where the offender was on cocaine when he killed his parents, drugs nor alcohol serve as mitigation in any of these series of crimes.

Institutional Adjustment: Counsel stated Mr. Benner’s institutional adjustment was fairly unremarkable, that Mr. Benner’s record reflected that he had thrown body waste on another inmate, forged a visitor form, and possessed contraband. He stated that is was unlikely that this institutional record would have made a difference to the three judge panel. He further stated that “20 years of incarceration just deprived him of his supply of victims.”

Remorse: Twenty years after the fact, Mr. Benner has offered a vague expression of remorse and responsibility and Counsel stated that expression now has no value. Mr. Collyer stated that the Board in 1996 was correct in its unanimous recommendation not to recommend clemency and one member was particularly correct in their opinion that “a rapist who kills his victims is the worst predator and elements of sexual sadism are present in this case”.

In summary, counsel for the State of Ohio believes the evidence overwhelmingly establishes Mr. Benner’s guilt and that there are no mitigating factors that warrant executive clemency be granted.

VICTIM/SURVIVOR INFORMATION:
James Sedgwick, father of Cynthia Sedgwick, stated that Mr. Benner’s execution will give the survivors physical relief, but the mental anguish will live with them forever. Bradley Bowser, Trina Bowser’s brother, shared his feelings concerning the delay in Mr. Benner’s execution. He asked that the Board imagine the fear that his sister went through before her death.

Scott Bowser, Trina Bowser’s nephew, presented a power-point that chronicled Trina Bowser’s life from birth to early adulthood. The presentation consisted of information regarding Trina being born with dislocated hips and her having to wear a body cast. She was in treatment for this condition the first three years of her life. She was very well liked, helped the elderly and was hard working. She was born on Christmas day and had just turned twenty-one before her tragic death.

Rodney Bowser, Trina Bowser’s brother indicated that he, along with his parents, opened the trunk of Trina’s car and found her body. Mr. Bowser was visibly emotional as he attempted to read from a letter he wrote about his sister and their relationship. In summary he described the anguish his family experienced upon loosing Trina the way they did and the anguish they feel because the man who killed their loved one has not paid for the crime. In speaking for Trina, he states “she would ask that the image of her death, engraved into the minds of her mother, father, and brother, be erased.”

COMMUNITY ATTITUDE:
On December 29, 2005, notices were sent regarding the Clemency Hearing on Glenn L. Benner II scheduled for January 24, 2006 to the Presiding Judge of the Summit County Common Pleas Court and to the Summit County Prosecutor’s Office. There were numerous heartfelt letters received from the victim’s survivors. Several letters have been submitted by citizens who support the execution of Mr. Benner. There was one letter received from Attorneys Staughton and Alice Lynd that requested clemency for Mr. Benner and asked that his institutional record be considered.

CONCLUSION:
After careful review of this case, the Parole Board has concluded the following: There is no residual doubt or question as to Glenn Lee Benner’s guilt in this case. The evidence included but was not limited to a DNA test that resulted in a match between Benner’s spermatozoa and the spermatozoa found in the body of Trina Bowser. There was fiber evidence connecting Benner to the Bowser case and two witnesses, friends of Benner, observed Benner pick Cynthia Sedgwick up and carry her into the woods. Benner committed heinous crimes against innocent female victims. He strangled his victims and performed deviant sexual acts that bordered on sexual sadism. His main concern was to prevent apprehension by killing his victims.

The psychological evaluation that was conducted as part of the mitigation phase provided that the mitigating factor which has the highest probability in this case likely involves substance abuse reducing behavioral controls and impairing judgment. The Board in this case does not give much weight to this “probable” mitigation. The Board also noted that through testing, it was determined that Mr. Benner’s organic brain function appeared to be intact.

Mitigating circumstances were considered by both the three-judge panel and the Ohio Supreme Court. The Ohio Supreme Court did conduct an independent weighing of aggravating and mitigating factors and did examine the proportionality and appropriateness of the death sentence.

Benner has chosen not to participate in this clemency proceeding and has not presented any reason why the decisions of the trial court and state appellate courts should be overturned. The aggravating circumstances outweigh any mitigating factors considered in this case.

RECOMMENDATION:
The Ohio Parole Board, with eight (8) members participating, voted unanimously to provide an UNFAVORABLE recommendation for any form of executive clemency for Glenn L. Benner II to the Honorable Bob Taft, Governor of the State of Ohio.

ProDeathPenalty.Com

The Ohio Supreme Court set a February 7th execution date for a man sentenced to die for raping and killing two young women during a five-month period in 1985 and 1986. Glenn Benner apparently was a "serial killer in-training" and has been on death row since 1986 for the killings that took place almost 20 years ago. Benner was convicted of kidnapping, raping and murdering Cynthia Sedgwick, 26, in August 1985 in woods at the Blossom Music Center near Akron where she had attended a concert. He also was convicted of raping and murdering 21-year-old Trina Bowser in Akron in January 1986. In addition, Benner was convicted of raping and trying to kill two other women in the months between those killings. Benner has no appeals left and the execution will likely take place according to his attorney, Kate McGarry.

UPDATE: On the night of August 6, 1985 Cynthia Sedgwick and three friends attended the George Thorogood concert at Blossom Music Center in Summit County. While she was in what was described as a “tipsy” condition, Cynthia wandered away from her companions several times. Glenn L. Benner II, also attended the concert accompanied by a group of friends, some of whom worked with him for a construction company. One of the group with Benner testified that he saw Benner talking with a girl who was “fairly drunk or high.” When the concert ended, the witness and another man in Benner's group saw Benner walk through one of the music center’s parking lots and into the adjoining woods accompanied by the girl with whom Benner had been talking earlier. According to the second witness, Benner “had his arm around her until he got to the parking lot, then he picked her up and carried her.” The man testified that both men followed Benner into the woods but could not find him. Both witnesses testified that they called out for Benner in the woods, but heard no response. Consequently, they went home.

The next day, Benner told a Robert L. Tyson, a co-worker at the construction company, that “he killed a girl at Blossom last night. He said he raped her and then choked her to death.” The day following the Thorogood concert, Cynthia’s purse was found in the woods surrounding the Blossom Music Center. Subsequently, on August 12, 1985, a Blossom parking lot attendant found Cynthia’s decomposed body in the woods.

A Summit County deputy sheriff who was called to the scene shortly thereafter testified that a partial pack of Winston Cigarettes was found near the body. Other testimony indicated that neither Cynthia nor anyone in her group smoked Winston cigarettes. Robert Tyson testified, however, that Benner smoked Winstons. It was also testified that a knotted brassiere, a pair of socks tied together, and a tooth were found around Cynthia’s body.

The Portage County Sheriff’s Office received a call on August 29, 1985, at approximately 7:50 p.m., to investigate a possible abduction and attempted rape. At the scene, the victim advised that she was riding her bike on Ranfield Road. She saw the suspect standing along the road but thought nothing of him. As she rode by the suspect, she was pulled from her bike. The suspect then covered her mouth, and dragged her across a ditch into a cornfield. The woman continued to fight the suspect for several minutes until he was scared off by a passing motorist that had stopped because of her bike being left in the road. After a search of the area, Glenn L. Benner II was arrested a short time later, and was positively identified by the victim.

On September 26, 1985, Benner and Robert Tyson entered the Akron home of a woman who lived in a neighborhood where the construction company had been working. Benner grabbed the woman by surprise and proceeded to rape her orally, anally and vaginally. While Benner was raping Hale, Tyson was asking for money from her. Upon ceasing the rape, Benner began to choke her with his hands. At that time, Tyson somehow got Benner to let go of the woman’s neck. Subsequently, Benner and Tyson left the woman’s home. She told law authorities that her life had flashed before her eyes. After he was apprehended by the Akron police, Glenn L. Benner confessed to raping her.

On the evening of November 19, 1985, a University of Akron Student was jogging along Howe Road in Tallmadge, Ohio. Suddenly, she was hit from behind and landed face down on the side of an embankment. She testified that her attacker told her to “shut up,” not say anything and not look. The assailant then began to wrap tape around her head, covering her eyes. The victim stated that she was able to see her attacker’s profile for around five seconds before he taped her eyes shut. At that time, the assailant dragged her into the woods, whereupon he took off her shirt, brassiere, and the tape around her eyes, and began to fondle her. As he stood up and began to undo his pants, the woman tried to run away. However, the assailant pounced on her from behind and began to choke her with his hands. The woman then became dizzy and lost consciousness. When she regained consciousness, she was lying naked in mud. She noticed that something was tied tightly around her neck and mouth, which impeded her breathing. She climbed up the embankment towards Howe Road and proceeded to a house nearby for help. Upon reaching the house, she was admitted by the occupants, who called the Tallmadge Police. The officer responding to the call aided her and untied the knotted brassiere that was wound tightly around her neck. Subsequently, the victim identified Benner as her attacker, both at trial and in an array of photographs. The bra and panties were so tightly wound around her neck, the treating physician at that time stated she was as near death as anyone he had ever seen.

Robert Tyson testified that he discussed the attack on the rape victim with Benner after hearing a radio report that a “Tallmadge jogger was attacked and raped.” Tyson further testified that Glenn L. Benner admitted he was the attacker, but denied he raped her “because he ran into complications.”

On January 1, 1986, Trina Bowser, who had known Benner since the two were children and who lived in the same neighborhood, was visiting her friend. The friend testified that Trina left her home at 9:45 p.m., stating that she wanted to go home because she was tired. Between 12:15 and 12:20 a.m., January 2, 1986, a man was driving home from work when he found Trina’s car on fire on the Akron expressway. The man flagged down a truck to help put out the fire, and afterwards phoned Trina’s residence. After Trina’s parents arrived on the scene, the trunk of the car was opened wherein Trina’s corpse was found. Her ankles were bound with curtain tiebacks resembling those from Benner’s new home on Butterbridge Road in Canal Fulton. In addition, Trina’s underpants and brassiere were tied around her neck, and her jeans were wrapped around her head.

A single set of footprints in the snow was found going away from Trina’s car to a point on Southwest Avenue, just north of Newton Street. A man who owned an auto shop at that location testified that he had seen a pickup truck with a broken grille in his parking lot at midnight on January 2. He further stated that at 1:20 a.m. he noticed that the truck was gone. Benner’s truck was later identified by the man as the truck he had seen that night. The Summit County Coroner testified that tests indicated the presence of spermatozoa in Trina’s anus and vagina. A criminalist employed by the Ohio Bureau of Criminal Identification and Investigation testified that Benner could have been the source of the sperm. It was also testified that fibers and a green paint chip were found on Trina’s coat, and that fibers were found on and around her corpse.

Shortly after the murder of Trina Bowser, Robert Tyson phoned the Tallmadge police, and stated that he knew the perpetrator of the murders of Cynthia Sedgwick and Trina Bowser, and of the attack on Powell. After Tyson met with the coroner and several detectives, he told them of the Hale rape.

On January 10, 1986, both Tyson and Glenn L. Benner were taken into custody by Akron police. That same day, Benner confessed to the Hale rape. On January 12 and 14, 1986, police executed warrants to search Glenn L. Benner’s residence on Broadview Road, his new home on Butterbridge Road, and his truck. The executing officers seized clothing, vacuum sweepings, dryer lint, carpet fiber samples and two chips of green paint. On the clothing, in the dryer lint, and in the vacuum bag, blue bilobal acrylic fibers and green trilobal nylon fibers were found with the same characteristics as those fibers found on Bowser’s body and coat. On some of the clothing, white modacrylic fibers with the same characteristics as the fibers in Trina Bowser’s fake fur coat were also found.

At a clemency hearing, James Sedgwick, the father of Cynthia Sedgwick, stated that Benner’s execution will give the survivors physical relief, but the mental anguish will live with them forever. Bradley Bowser, Trina Bowser’s brother, shared his feelings concerning the delay in Benner’s execution. He asked that the Board imagine the fear that his sister went through before her death. Scott Bowser, Trina Bowser’s nephew, presented a power-point that chronicled Trina Bowser’s life from birth to early adulthood. The presentation consisted of information regarding Trina being born with dislocated hips and her having to wear a body cast. She was in treatment for this condition the first three years of her life. She was very well liked, helped the elderly and was hard working. She was born on Christmas day and had just turned twenty-one before her tragic death.

Rodney Bowser, Trina Bowser’s brother indicated that he, along with his parents, opened the trunk of Trina’s car and found her body. Mr. Bowser was visibly emotional as he attempted to read from a letter he wrote about his sister and their relationship. In summary he described the anguish his family experienced upon loosing Trina the way they did and the anguish they feel because the man who killed their loved one has not paid for the crime. In speaking for Trina, he states “she would ask that the image of her death, engraved into the minds of her mother, father, and brother, be erased.”

UDPATE: Glenn L. Benner II, 43, was executed by lethal injection at 10:15 a.m. at the Southern Ohio Correctional Facility. Benner smiled at relatives and nodded toward the victims' families when he entered the execution chamber. "Over the last 20 years I've caused you unimaginable pain and I'm sorry. Trina and Cynthia were beautiful girls who didn't deserve what I done to them. They are in a better place. I pray that God will grant you peace," Benner said just before he died. Bradley Bowser, one of Trina Bowser's three brothers who witnessed the execution, was heard to say, "That won't get you into heaven, ace." Ohio Governor Bob Taft accepted the unanimous recommendation against clemency by the Ohio Parole Board, with one member calling the crimes "pure evil." Benner refused to ask for his life to be spared because he said the process does not consider whether a person changes in prison.

Trina Bowser's brother Rodney, and his parents discovered her car along the highway on a winter night after the young secretary didn't return from visiting a girlfriend. Rodney Bowser, 48, is still haunted by nightmares of what he saw in the trunk. A three-judge panel sentenced him to death for the two murders. Benner killed to avoid getting caught so he could continue assaulting women, said Phil Bogdanoff, an assistant Summit County prosecutor, who called Benner a serial rapist and killer at his clemency hearing last month. He was a football player and well-liked in his middle-class neighborhood. He began abusing marijuana and alcohol at age 13, tried to commit suicide at 17 and was most likely intoxicated when he raped and killed, according to James Siddall, a psychologist who evaluated Benner two weeks after his conviction. Siddall wrote that Benner had below average intelligence, experienced major depression and was prone to impulsive behavior that included a lack of anger control. Benner agreed to DNA testing and the 2003 results clearly established that he raped and killed Bowser. Three of Bowser's brothers and a brother and the parents of Sedgwick witnessed the execution, along with Benner's aunt, his lawyer and a woman from Ireland who became his pen pal in prison.

CentreDaily.Com

Letter from Glenn L. Benner II to clemency board. (Posted on Wed, Jan. 25, 2006)

Dec. 28, 2005

Michael L. Collyer
Assistant Attorney General
State Office Building
615 West Superior Avenue
11th Floor
Cleveland, Ohio 44113-1899

RE: DEATH ROW INMATE GLENN L. BENNER II WILL NOT SEEK CLEMENCY NOR WILL I PARTICIPATE IN THE PROCESS ALTOGETHER

Dear Mr. Collyer,

It is with respect that I wish to elaborate on my decision not to seek or participate in a clemency hearing.

I originally thought that clemency was a way of administering Justice with Mercy, as per Christian teachings, but I have seen in recent rulings that the decisions of the Parole Board and the Governor not to grant clemency seem to have been based on the nature of the crime which was committed, not on whether or not the person facing execution has changed enough to deserve a sentence other than that of death. I know that I have changed, and I am now a new person, but sadly I am unable to change the past, so there does not seem to be point in participating in such a hearing. Also I feel that my participation in a clemency hearing would add further stress to those already suffering because of my actions, and I do not want to do this to anyone. I do of course understand that the Bowser and Sedgwick families may wish to participate in a hearing in order to express how they feel, and that is their prerogative, and I will respect that. I just want them to know that I will do nothing personally to add to their pain.

Sincerely

Glenn L. Benner II, #A190-672
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown, Ohio 44505

National Coalition to Abolish the Death Penalty

Glenn Benner, OH - February 7

Do Not Execute Glenn Benner!

Glenn Benner, a white man, awaits execution for a series of killings that took place during a five month period in 1985 and 1986. Benner was convicted of kidnapping, raping and murdering Cynthia Sedgwick, 26, in August 1985 in the woods near Akron. Benner also was convicted for the rape and murder of 21-year-old Trina Bowser in Akron in January of 1986. Benner was convicted and sentenced by a three-judge panel in Summit County Common Pleas Court.

Benner, now 43, is scheduled to be executed on Feb. 7 and says he will not ask for clemency. In a letter to state assistant attorney general Michael Collyer, Benner stated that he does not believe that the clemency process allows for the possibility that an inmate has changed or been rehabilitated in prison: “I know that I have changed, and I am now a new person, but sadly I am unable to change the past, so there does not seem to be (sic) a point in participating in such a hearing.” Benner also said that he would not ask for clemency to avoid causing further pain to the families of the victims.

In 1999, Ohio resumed executions and, since then, has only granted clemency once. Disturbingly, Governor Bob Taft said he was not familiar with either Benner or his case.

Please write Gov. Bob Taft requesting that he stop the execution of Glenn Benner!

Ohioans to Stop Executions

Wikipedia

List of individuals executed in Ohio

A total of 20 individuals convicted of murder have been executed by the U.S. state of Ohio since 1976. All were executed by lethal injection.

1 Wilford Berry, Jr. 19 February 1999 Charles Mitroff

2 Jay D. Scott 14 June 2001 Vinnie M. Price

3 John William Byrd, Jr. 19 February 2002 Monte Tewksbury

4 Alton Coleman 26 April 2002 Tonnie Storey and Marlene Walters

5 Robert Anthony Buell 24 September 2002 Krista Lea Harrison

6 Richard Edwin Fox February 12, 2003 Leslie Renae Keckler

7 David M. Brewer April 29, 2003 Sherry Byrne

8 Ernest Martin June 18, 2003 Robert Robinson

9 Lewis Williams, Jr. 14 January 2004 Leoma Chmielewski

10 John Glenn Roe 3 February 2004 Donette Crawford

11 William Dean Wickline 30 March 2004 Peggy and Christopher Lerch

12 William G. Zuern, Jr. 8 June 2004 Phillip Pence

13 Stephen Allan Vrabel 14 July 2004 Susan Clemente and Lisa Clemente

14 Scott Andrew Mink July 20, 2004 William Mink and Sheila Mink

15 Adremy Dennis October 13, 2004 Kurt Kyle

16 William Smith March 8, 2005 Mary Bradford

17 Herman Dale Ashworth 27 September 2005 Daniel L. Baker

18 William James Williams, Jr. 25 October 2005 William Dent, Alfonda R. Madison, Sr., Eric Howard and Theodore Wynn Jr.

19 John R. Hicks 29 November 2005 Brandy Green

20 Glenn L. Benner II 7 February 2006 Trina Bowser, Cynthia Sedgwick

Cincinnati Post

Trusted neighbor turned into sadistic rapist, killer," by Joe Milicia. (Tuesday, February 7, 2006)

Associated Press AKRON - Trina Bowser and her brother spent countless summer days playing ball or splashing at the local swimming hole with the boy who would grow up to become her killer. Glenn L. Benner II, a neighbor and friend, became an impulsive drug-abuser who committed a five-month spree of assaults in which he would rape then choke his victims, killing two.

Benner, 43, is to be executed today by injection for the killings. He has no legal appeals left and did not seek clemency from Gov. Bob Taft. He has admitted committing horrific crimes while under the influence of drugs. Benner arrived Monday morning at the Southern Ohio Correctional Facility, where the execution is to take place, said Andrea Dean, spokeswoman for the state prisons agency. He was the first inmate to make the 250-mile trip to the Lucasville prison since death row was moved in October from Mansfield farther north to the Ohio State Penitentiary in Youngstown.

It's been nearly 20 years since Benner was convicted of kidnapping, raping and murdering Bowser, 21, leaving her body in the trunk of her car along a highway in suburban Tallmadge. He was convicted of the same charges for strangling Cynthia Sedgwick, 26, in the woods at Blossom Music Center in Cuyahoga Falls after they met at a concert. "To me, this just boils down to pure evil," said Sandra Mack, a member of the Ohio Parole Board, which voted against recommending clemency.

Bowser's family is unhappy with the appeals process that has delayed Benner's sentence for so long. They also have another complaint: only three seats at the execution for four brothers who want to witness the execution. Bowser was a Christmas baby born with dislocated hips. She spent the first nine months of her life in a body cast. She didn't walk normally until age 3, yet was always smiling. She and her brothers grew up in Tallmadge two houses from Benner, who lived across the street in Springfield Township. She was closest with Rodney, her youngest brother, and they often played with Benner. "It makes it real tough on me because I can't believe a friend would do that to someone. It's bad enough you do it to a stranger, but someone that trusted you," Rodney Bowser, 48, said.

Rodney Bowser and his parents discovered her car along Interstate 76 on a winter night after the young secretary didn't return from visiting a girlfriend. He is still haunted by nightmares of what he saw in the trunk. Later that day, Bowser's grandmother Trixie Irene Dick wrote with an unsteady hand on the front inside cover of her Bible: "Today, Jan. 2, 1986, was the worst day of my life. Some wicked angel of Satan killed my dear and loving Granddaughter Trina."

For his final dinner, Benner ordered four bacon cheeseburgers on toasted buns, with green peppers, tomatoes, pickles, ketchup, mustard and mayonnaise; a baked potato with butter and sour cream; french fries; onion rings; macaroni and cheese; chef salad with creamy Italian dressing; blueberry pie with chocolate ice cream; iced tea; and a Coke.

Benner refused to seek clemency from the governor, saying the process didn't take into consideration whether an inmate has changed in prison.

Akron Beacon Journal

"Taft's statement on Benner clemency." (Posted on Tue, Feb. 07, 2006) On. Feb. 6, Gov. Bob Taft issued the following statement concerning the clemency of Glenn L. Benner II:

"On August 6, 1985, Mr. Benner kidnapped Cynthia Sedgwick from an outdoor music concert and raped and strangled her to death in a nearby wooded area. On January 1, 1986, Mr. Benner kidnapped, raped, and strangled to death Trina Bowser, whose body was discovered in the trunk of her burning car. During the trial for the aggravated murders of Ms. Sedgwick and Ms. Bowser, Mr. Benner was also tried for crimes against two other women. On September 26, 1985, Mr. Benner raped and strangled Nancy Hale in her home. Mr. Benner kidnapped Shelli Powell while she was jogging near her home on November 19, 1985 and attempted to rape and strangle her to death.

"Mr. Benner was convicted of numerous crimes, including the aggravated murders of Ms. Sedgwick and Ms. Bowser, and he was sentenced to death. "Mr. Benner did not request executive clemency, did not participate in the clemency process, and his attorney did not attend the clemency hearing. After a careful review of Mr. Benner's case, the Ohio Parole Board unanimously recommended (8-0) that clemency be denied.

"Following a thorough review of the judicial opinions, the report and recommendation of the Ohio Parole Board, recommendations from the Ohio Attorney General's Office and the Summit County Prosecutor's Office, and other relevant materials, I can find no compelling reason to grant clemency.

"For these reasons, I concur with the unanimous decision of the Parole Board and deny clemency for Glenn L. Benner, II. "May God bless the families and friends of Cynthia Sedgwick and Trina Bowser."

State v. Benner, Not Reported in N.E.2d, 1987 WL 15078 (Ohio 1987). (Direct Appeal)

Appeal from Judgment Entered in the Common Pleas Court, County of Summit, Case No. CR 86 1 0079.
Lynn Slaby, Prosecuting Attorney, Akron, for plaintiff.
Lawrence J. Whitney and Robert Baker, Akron, for defendant.

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:

CACIOPPO, Judge.
Defendant-appellant, Glenn L. Benner, appeals his numerous convictions, and the sentence imposing the penalty of death for the murders of Cynthia Sedgwick and Trina Bowser.

On August 6, 1985, Cynthia Sedgwick and three friends attended a rock concert at the Blossom Music Center. Sedgwick had had a few drinks and was "tipsy". She strayed from her friends several times, and at the end of the concert was nowhere to be found. After waiting for Cynthia quite a while at the conclusion of the concert, her friends left.

Attending the same concert that night was the defendant. He had come with a group of friends and co-workers of his employer, Michael's Construction Company. Benner's foreman testified that he had seen Benner with Sedgwick and had in fact seen him carry her into the woods adjacent to the parking lot. This was confirmed by another co-worker. Benner's party was unable to find him and left the music center without him. On August 12, 1985, Cynthia's nude and partially decomposed body was discovered by a parking attendant in the woods adjacent to the parking lot.

On the evening of September 26, 1985, Nancy Hale was hanging pictures in her Goodyear Heights home. Without warning, she was grabbed from behind, slapped repeatedly, and thrown to the floor. Her clothes were stripped from her body. She was then orally, anally and vaginally raped. After raping her, the assailant placed his hands around Nancy's throat and began choking her. While this was happening, a second individual kept asking Nancy where her money was. The second subject pulled the rapist off of Nancy. Nancy reported the attack to the police.

On the evening of November 19, 1985, Shelli Powell, a 19-year old college student, was jogging along Howe Road in Tallmadge. Abruptly, and without any warning, she was tackled and ended up lying face down on an embankment parallel to the sidewalk. The assailant was laying on her back, and repeatedly instructed her to "shut up". He then began wrapping masking tape around her head, covering her eyes. Shelli's attacker moved her down the embankment and into a marshy area. He then removed her long-sleeved T-shirt and her brassiere. At this point, Shelli asked him to remove the masking tape because it was hurting her eyes. He removed the tape. Shelli then caught a glance of her assailant in the moonlight. She was also able to touch his face.

The attacker fondled Shelli. His attention was then diverted by something. Shelli tried to escape but as soon as she rose to run, he pounced on her. The last thing Shelli remembered about the attack was her assailant's hands around her neck and her inability to breathe. When Shelli regained consciousness she still had tremendous difficulty breathing. Something was bound tightly around her neck. She ran, naked, to a house across the street from the marshy area. The owner of the home let her in and called the police.

The officer who answered the call found Shelli with her knotted brassiere tied tightly around her neck. It was tied so tightly that he was afraid to cut it with a knife. With great difficulty, he untied the knot and removed it. Shelli was taken to the hospital and later released.

On the evening of January 1, 1986, Trina Bowser was visiting with her friend Cheryl Leek. Trina left Leek's house at approximately 9:45 p.m. On January 2, 1986, at 12:15 a.m., an A.T. & T. employee coming home from work spotted Trina's car burning on Interstate 76. He flagged down a trucker, requesting help and a fire extinguisher. The trucker stopped and both men put out the fire. There was a purse on the floor of the front passenger compartment. There was no one in the car.

The men found the number of the Bowser residence on a bank check. They then called the police and Trina's parents. Upon arrival, Trina's parents opened the trunk of the car. Inside, they found their daughter's lifeless body. Her jeans were wrapped around her head and eyes, and her ankles were bound. Her knotted brassiere and her panties were bound tightly around her neck.

Shortly after the murder of Trina Bowser, Bob Tyson, a schoolmate and co-worker of Glenn Benner, called the Tallmadge police. Apparently motivated by a reward offered by Cynthia Sedgwick's parents, he told the police that he knew the identity of the perpetrator of the Sedgwick, Powell and Bowser crimes. He identified Benner as the culprit, and, in a series of subsequent interviews with the police, told them of Benner's confession to him of the Sedgwick and Powell crimes. He also informed the police of his and Benner's involvement in the crimes against Nancy Hale.

Benner and Tyson were arrested on January 10, 1986. Benner confessed that day to the rape of Nancy Hale. On January 21, 1986, the grand jury returned a twenty-three count indictment against Benner. Among other things, Benner was charged with the aggravated murders of Cynthia Sedgwick and Trina Bowser. Each count contained death penalty specifications.

Benner elected to proceed with a three-judge panel instead of a jury. The state presented the testimony of thirty witnesses and admitted over one hundred exhibits. Benner was represented by two appointed attorneys who conducted vigorous cross-examinations of the State's witnesses. Benner was convicted of twenty counts, including three counts of aggravated murder--one count for the killing of Cynthia Sedgwick and two counts for the killing of Trina Bowser. A total of five aggravating circumstances were proven beyond a reasonable doubt.

Pursuant to R.C. 2929.03, the panel conducted a sentencing proceeding (penalty phase). Benner presented the testimony of a licensed psychologist, Dr. James W. Sidall, family members, and friends. Benner also testified, but was not cross-examined. After examining all the evidence, the three judges unanimously concluded that the aggravating circumstances outweighed the mitigating factors and imposed the penalty of death on defendant. We affirm.

Assignments of error one and four assert the same argument and therefore will be addressed together.

ASSIGNMENTS OF ERROR

"I. In a capital case involving two deaths separated by four months time and two other series of acts involving rape also separated by substantial periods of time, it is error for the trial court not to sever the cases. "IV. In a capital murder prosecution, where a defendant is indicted for felony murder with specification of death and murder by prior calculation and design with specification of death, it is error for the trial court not to order the state to elect which count it will proceed with." Prior to trial, Benner made two related motions concerning severance. T. Vol. III at 29-30. The first motion alleged improper joinder of offenses in the indictment in violation of Crim.R. 8(A). The second motion requested separate trials on each set of counts relating to a particular victim, pursuant to Crim.R. 14. The motions were denied. They were renewed again at the close of the State's case, and at the close of all the evidence, and again, denied. We deal with the denial of each motion concurrently.

Crim.R. 8(A) recites: "(A) Joinder of Offenses. Two or more offenses may be charged in the same indictment, information or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character, or are based on the same act or transaction, or are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan, or are part of a course of criminal conduct."

Crim.R. 14 recites: "If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment, information, or complaint, or by such joinder for trial together of indictments, informations or complaints, the court shall order an election or separate trial of counts, grant a severance of defendants, or provide such other relief as justice requires. In ruling on a motion by a defendant for severance, the court shall order the prosecuting attorney to deliver to the court for inspection pursuant to Rule 16(B)(1)(a) any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial. "When two or more persons are jointly indicted for a capital offense, each of such persons shall be tried separately, unless the court orders the defendants to be tried jointly, upon application by the prosecuting attorney or one or more of the defendants, and for good cause shown."

A defendant who asserts that joinder is improper has the burden of making an affirmative showing that his rights will be prejudiced thereby. State v. Roberts (1980), 62 Ohio St.2d 170, 175 (citations omitted). Benner first contends that the crimes in question were separated by long intervals of time and were therefore improperly joined. This contention must be rejected. The Sedgwick and Bowser murders were committed five months apart. The Hale rape occurred fifty-three days after the Sedgwick murder, and the attempted rape and attempted aggravated murder of Shelli Powell forty-three days after that. All crimes were committed reasonably close in time.

Benner next asserts that there was "no concrete similiarity" among the offenses. This argument ignores the facts. Two of the victims were murdered. The other two narrowly escaped being murdered. Three of the victims were raped and sodomized, and the other was a victim of an attempted rape. The defendant's modus operandi was the same for each victim: rape or attempt to rape the woman and then strangle or attempt to strangle her. Benner used three of the victims' knotted bras to choke them. In sum, the crimes were similar in character and also part of a common scheme or course of criminal behavior. Benner also argues that Evid.R. 404(B) (which precludes the admission of prior bad acts of a defendant in order to prove that he acted in conformity therewith) barred joinder of the four sets of counts. We must disagree. Even if we were to accept that Evid.R. 404(B) applied to the issue of joinder, the exceptions contained in the rule would dispose of Benner's contention.

Benner asserts several bases on which the denial of separate trials prejudiced his rights. He argues that a "jury" may use evidence from one of the crimes charged to infer his guilt as to the other crimes charged, or that a jury may cumulate the evidence finding guilt, where if they considered the crimes separately they might not. We first note that Benner was tried by a panel of three seasoned trial judges--not by a jury. Even if he had been tried by a jury, this argument would fail. Where the evidence relative to the various charges is uncomplicated and direct, the jury is believed capable of segregating the proof on each charge. Roberts, supra, at 175. Here, two of the victims testified in detail about the crimes against them. Benner also confessed to the crimes against Nancy Hale. The State's witness, Robert Tyson, supplied the most incriminating evidence concerning the Sedgwick murder. The evidence concerning the murder of Trina Bowser, while circumstantial, did not require any special training to understand. Thus, the evidence was direct and uncomplicated and capable of being segregated by a jury, and certainly by a panel of three experienced trial judges.

Lastly, Benner asserts two constitutional violations stemming from the trial judge's [FN1] refusal to allow separate trials. First, he argues that his Fifth Amendment right against self incrimination was violated. "In a separate trial, the appellant could choose in which case he wants to testify. In a joint trial he has no such choice. He either testifies regarding all or chooses not to testify. In this way, therefore, a joint trial violated his Fifth Amendment Rights." Appellant's brief at 15. This very argument was rejected by our Supreme Court in State v. Torres (1981), 66 Ohio St.2d 340, where it was said that: " * * * The mere possibility that the defendant might have a better choice of trial tactics if the counts are separated, or the mere possibility that he might desire to testify on one count and not on the other, is insubstantial and speculative; it is not sufficient to show prejudice." Id. at 344 (citing Wangrow v. United States (C.A. 8, 1968), 399 F.2d 106, 112, cert. denied, 393 U.S. 933."

Benner's second constitutional argument in relation to joinder involves his right to a jury trial: "Finally, a joint trial (sic), forced this appellant to waive his right to jury and proceed with a three judge panel. The defendant was forced to do this because of all the reasons he has recited in this assignment. * * *." Appellant's brief at 15. There are as many reasons for a criminal defendant to opt for a judge over a jury as there are criminal defense attorneys. Benner has not demonstrated that this choice of trial tactics was forced upon him, nor that it was not made for a purely strategic reason. Accordingly, assignments of error one and four are overruled.

ASSIGNMENT OF ERROR II

"In a capital murder case, a county coroner is not permitted to testify, in the absence of physical findings, that a witness's testimony is consistent with his opinion." The Summit County Coroner, Dr. William A. Cox, M.D., was unable, at the time of the autopsy, to make a determination as to the cause of death of Cynthia Sedgwick. However, he was able to eliminate all possible causes of death-- shooting, stabbing, blow to the head, overdose of drugs or alcohol--except death by asphyxiation through strangulation. T. Vol. X at 952-53. Dr. Cox opined that Cynthia had met her end in a violent manner and more than likely by strangulation. T.Vol. X at 953.

Dr. Cox's opinion was based on two things. One was the elimination of other possible causes of death combined with inferences that could be drawn from the severe state of decomposition evident in certain portions of the victim's body. The head, neck, face and vaginal areas of the body were permeated with maggot infestation. Dr. Cox testified that maggots gain an easier foothold, and thus flourish more easily, in body areas that have sustained severe tissue damage. The inference thus being that the victim was brutally beaten and strangled to death. The second basis of Dr. Cox's opinion was information gained subsequent to the autopsy. The transcript of proceedings leaves little doubt that this subsequent information was the testimony of Robert Tyson, the State's witness. T.Vol. X at 951. Before Benner's arrest, Tyson had met with Dr. Cox. Tyson then told Cox that Benner had confessed to him that he (Benner) had strangled, raped and forced his hand up Sedgwick's vagina. Dr. Cox testified that this information confirmed his own opinion based on the reasonable inference noted earlier.

Benner now contends that Dr. Cox's testimony was inadmissible expert testimony, in that it embraced an ultimate issue of fact--the credibility of Robert Tyson's testimony. We cannot accept Benner's argument. To begin with, Dr. Cox did not say that Tyson's testimony regarding the cause of death was credible, but merely that it was consistent with his own conclusions. Dr. Cox's testimony corroborated Tyson's revelations, but did not attest to the latter's veracity as a witness. Further, and more importantly, Dr. Cox did not buttress the remainder of Tyson's testimony, including the identity of Benner as the perpetrator of the crimes.

Dr. Cox's testimony was admissible under Evid.R. 703 which recites: "The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by him or admitted in evidence at the hearing." Tyson had testified prior to Dr. Cox taking the stand. Tyson had testified as to what Benner had told him concerning the Sedgwick murder. Dr. Cox was permitted, under the rules of evidence, to render an opinion which embraced an ultimate issue of fact--the cause of Cynthia Sedgwick's death. Evid.R. 704. Further, he could base that opinion on Tyson's testimony which was already in evidence. For all the foregoing reasons, assignment of error two is overruled.

ASSIGNMENT OF ERROR III

"In a capital murder case, after a defendant has waived his rights to trial by jury and elected a three judge panel, he still has the right to have a motion in limine heard by the presiding judge outside of the presence of the panel." Benner waived trial by jury, and, instead, elected to be tried by a panel of three judges, pursuant to R.C. 2945.06, which recites in pertinent part: "In any case in which a defendant waives his right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. * * *." (emphasis added).

There is no case authority discussing the relative powers of the three judges composing the panel mandated by R.C. 2945.06. Hence, an examination of the literal language of the statute is necessary. If it was the intent of the drafters of this statute to bestow upon one of the judges of the panel absolute power over trial rulings, they would have expressly said so. However, just the opposite intention is suggested by the emphasized language of the statute noted above. " * * * The judges or a majority of them may decide all questions of fact and law arising upon trial." The language used in the statute indicates that the panel be composed of three co-equals. It does not preclude delegation of the duty of ruling on procedural and evidentiary matters to one judge. However, if there is disagreement among any two judges on a procedural or evidentiary ruling, the statute provides a resolution--the majority of the panel can decide the question.

The majority of the panel overruled Benner's motion in limine. T.Vol. X at 922. This disposition of his motion was in complete accord with the statutory language. Accordingly, assignment of error three is overruled.

ASSIGNMENT OF ERROR V

"The trial court erred in allowing the State's witness, Shelli Powell, to identify appellant as her assailant at trial because the identification procedure utilized was impermissibly suggestive." In order to determine whether the admission of testimony concerning a criminal identification procedure violates the Due Process Clause of the Fourteenth Amendment of the Federal Constitution, a two-prong test is employed. A court must ask: 1) Whether the police used an impermissively suggestive procedure in obtaining the out-of-court identification, and, if so; 2) Whether, under all the circumstances, that suggestive procedure gave rise to a substantial likelihood of irreparable misidentification. See Manson v. Brathwaite (1977), 432 U.S. 98, 106; Neil v. Biggers (1972), 409 U.S. 188; Simmons v. United States (1958), 390 U.S. 377.

As to the first prong of the test, we do not find the identification procedure used by the Tallmadge police to have been impermissibly suggestive. Shelli was victimized on November 19, 1985. She viewed the photographic array in her home on January 11, 1986. The array consisted of eight photographs. State's Exhs. 1A-1G. These photographs portrayed five individuals. T.Vol. IV at 63. There was a frontal and left profile view of Benner, Tyson, and another individual. State's Exhs. 1A, 1B, 1C, 1D and 1F. The remaining two photographs contained frontal views of two other persons. State's Exh. 1E and 1G. All the photographs were of while males. All appeared to be in their twenties. Of the five, only one had no facial hair. [FN2] In sum, there was nothing about the composition of the array which distinguished Benner's photographs.

Shelli identified Benner as her attacker. T.Vol. IV at 16. Upon identifying Benner, Shelli became "visibly shaken" and "nauseated." T.Vol. IV at 49. When asked to rate the certainty of her identification on a one to ten scale, Shelli stated that it would be a seven and a half. Id. She then asked the detectives to provide her with a right profile photograph of Benner. The detectives went back to the Summit County jail and took a right profile photograph of Benner. They returned to Shelli's home. Approximately one and a half hours had elapsed. They substituted the right profile photograph (State's Exh. 1H) for the left profile of Benner and asked Shelli to re-examine the array. She did, and once again identified Benner as her assailant. After thoroughly examining the photographic identification procedure used by the Tallmadge police, we find that there was no attempt to coerce, convey, or in any way urge Shelli Powell to identify Benner's photograph. However, even if it could be said that this procedure was suggestive, Benner would fail to satisfy the second prong of the test noted earlier--proof of a substantial likelihood of irreparable misidentification. Manson, supra. This is because Shelli's identification of Benner contains sufficient indicia of reliability which outweigh any risk of misidentification. Biggers, supra. We shall review these indicators of reliability.

1. The opportunity to view her assailant. Shelli testified that although the attack occurred in the evening, there was light from the moon and from "the other side of the tracks." T.Vol. IV at 10. She was able to view Benner's profile in this light for five seconds.

2. The witness' degree of attention. Shelli remained unusually calm during the encounter. T. Vol. IV at 28. She talked to her attacker, telling him that the masking tape he wrapped over her eyes was painful because of her contact lenses. She did not wear contacts. She only told him that so she could get a better look at him. She kept asking him who he was, and what he was doing. In sum, her attention was focused on him. She also paid scrupulous attention to details. She observed that her assailant had mediterranean features, and that he smelled of smoke. T.Vol. IV at 10.

3. Accuracy of witness' description. Shelli gave police a description of Benner at the hospital shortly after the attack. Her description came surprisingly close to his actual height, weight, build and other physical features. T.Vol. IV at 21.

4. The witness' level of certainty. Shelli rated her certainty as a seven and a half on a one to ten scale.

5. The time between the crime and the confrontation with the accused. Shelli viewed the array sixty-three days after the commission of the crimes. While this is a long period, it is not so long as to undermine the other four indicia of reliability already established.

It is clear that any possibility of misidentification in this case has been eliminated by the trustworthiness factors noted above. Accordingly, we hold that the identification of Benner by Shelli Powell complied with all due process requirements. Manson, supra. Assignment of error five is overruled.

ASSIGNMENT OF ERROR VI

"The trial court erred in admitting into evidence statements of appellant which were elicited from him contrary to law." Benner confessed to the rape of Nancy Hale as well as to the burglary of her home. This taped confession was made on January 10, 1986, the day of his arrest. The confession session was cut short by Lieutenant Stemple of the Akron Police Department. The lieutenant had received a phone call from Jim Burdon, an attorney retained by Benner's father. Burdon requested that the officers cease their questioning of defendant. State's Exh. No. 3. The day before his arrest (January 9, 1986), Benner was one of several of Trina Bowser's neighbors questioned by Tallmadge police in a routine canvass. Detective Osborne then asked Benner of his whereabouts on the day of the Bowser homicide. Benner told him that he had been at his newly purchased home in Canal Fulton until 7:00 p.m., after which he returned to his sister's residence on Broadview Avenue in Springfield Township. [FN3] T.Vol. IV at 110. He told Osborne that he had spent the night at his sister's house.

Detective Monchilov also questioned Benner at this time. He asked Benner if he had attended any concerts at Blossom Music Center in 1985. Benner replied that he had not gone to Blossom in 1985. The Tallmadge detectives were also present at the Akron police station when Benner was interrogated about the Hale case. Both detectives were made aware of Attorney Burdon's request that the interrogation cease. However, they did not feel bound by that request because they were investigating a different case. T.Vol. IV at 138. After re-reading him the Miranda warnings, they posed the same questions to Benner that they had the day before.

Benner slightly changed his answers to the re-posed questions. He now said that he left his Canal Fulton residence at 8:00 or 8:30 p.m., and that he went out once during the evening to a convenience store.

On January 12, 1986, the Tallmadge detectives transported Benner to Tallmadge for purposes of booking him for the crimes against Shelli Powell. When they arrived at the station, Benner was read Miranda warnings--and signed a Miranda card. State's Exh. 4. He was then again asked about his attendance at Blossom during 1985, and he gave the same answer. Defense counsel attempted to have Benner's inculpatory and exculpatory statements to police suppressed prior to trial. The motion was denied. They argue that Benner's confession to the Akron police and his exculpatory statements to the Tallmadge detectives were obtained in violation of his Fifth, Sixth and Fourteenth Amendment Rights. We cannot agree. Benner's confession to the Hale crimes was made intelligently and voluntarily. The interrogating officers read defendant his rights and questioned him concerning his mental health, physical well being, degree of schooling and ability to understand the English language, all before commencing formal questioning. Benner was not tired, under the influence of alcohol or drugs, or under any type of duress. Therefore, his confession was properly admitted. State v. King (Sept. 18, 1985), Summit App. No. 12113, unreported.

Up until the time of his actual arrest, the questioning of Benner was purely investigatory. The questions asked of Benner during the neighborhood canvass were brief and made in the open. His person was not restrained. This type of non-station-house, temporary questioning does not amount to custodial interrogation sufficient to require Miranda warnings. Berkemer v. McCarty (1984), 468 U.S. 420. Thus, the statements were properly admitted over defendant's objections. As to the questioning of Benner post-dating Attorney Burdon's request that all questioning cease, we have the benefit of a recent United States Supreme Court case.

In Moran v. Burbine (1986), 475 U.S. 412, 89 L.Ed.2d 410, the court held that inculpatory statements obtained after defendant's attorney requested that interrogation cease, were still admissible and did not violate either Miranda v. Arizona (1966), 384 U.S. 436, or defendant's right to counsel. Concerning Miranda, the court found that regardless of the failure of the police to inform defendant of his attorney's retention, or the request that questioning cease, a validly obtained waiver of his rights could not be invalidated. If the police deception in Moran was not enough to invalidate a waiver and the subsequent statements elicited by a defendant, then the actions of the police here is certainly not. Here, the defendant knew of his attorney's request and still proceeded to answer the questions. The conduct of the Tallmadge detectives, while not admirable, does not justify the suppression of the statements.

As to Sixth Amendment rights, the court in Moran emphasized that the right to counsel does not attach until the initiation of adversary judicial proceedings--indictment and arraignment. 89 L.Ed.2d at 427; See, also, Maine v. Moulton (1985), 474 U.S. 159, 88 L.Ed.2d 481. All questioning of Benner took place prior to either his arraignment or indictment. This, combined with the fact that substantially identical statements were made to police prior to his arrest, lead us to conclude that the statements were admissible. Accordingly, assignment of error six is overruled.

ASSIGNMENT OF ERROR VII

"The trial court erred in denying appellant's motion for a change of venue." Pursuant to Crim.R. 18(B), R.C. 2901.12(I) (current version at R.C. 2901.12(J)), and R.C. 2931.29, Benner moved for a change of venue due to allegedly adverse and copious pre-trial publicity. Judge Bayer held his ruling on Benner's motion in abeyance pending an attempt to impanel an impartial jury. Judge Bayer was undoubtedly relying on the rule that " * * * a careful and searching voir dire provides the best test of whether prejudicial pre-trial publicity has prevented obtaining a fair and impartial jury from the locality." State v. Bayless (1976), 48 Ohio St.2d 73, 98. This rule has been held applicable to death penalty cases tried under the new statute. State v. Maurer (1984), 15 Ohio St.3d 239, 249-252. The defendant herein elected to be tried to a three-judge panel. Nevertheless, he argues that the local pre-trial publicity concerning his case required a change of venue. We disagree. Whether Benner waived his request for a venue change by the election of a three-judge panel not withstanding, there was no attempt to seat an impartial jury. Therefore, his right to an impartial jury was not denied. Accordingly, we overrule assignment of error seven.

ASSIGNMENT OF ERROR VIII

"The trial court erred in failing to dismiss the multiple death specifications contained in the indictment for reason that the specification contained in Section 21929.04(A)(5) (sic) is unconstitutionally vague." A statutory aggravating circumstance providing a basis for the imposition of a penalty of death must be clear and understandable or it will be held to violate the Eighth and Fourteenth Amendments to the Federal Constitution. Godfrey v. Georgia (1980), 446 U.S. 420. In Godfrey, the court discussed this requirement and the reasons behind it: " * * *. "A capital sentencing scheme must, in short, provide a 'meaningful basis for distinguishing the few cases in which [the penalty] is imposed from the many cases in which it is not.' * * *.

"This means that if a State wishes to authorize capital punishment it has a constitutional responsibility to tailor and apply its law in a manner that avoids the arbitrary and capricious infliction of the death penalty. Part of a State's responsibility in this regard is to define the crimes for which death may be the sentence in a way that obviates 'standardless [sentencing] discretion.' * * * It must channel the sentencer's discretion by 'clear and objective standards' that provide 'specific and detailed guidance,' and that 'make rationally reviewable the process for imposing a sentence of death.' As was made clear in Gregg, a death penalty 'system could have standards so vague that they would fail adequately to channel the sentencing decision patterns of juries with the result that a pattern of arbitrary and capricious sentencing like that found unconstitutional in Furman could occur.' * * *.

"In the case before us, the Georgia Supreme Court has affirmed a sentence of death based upon no more than a finding that the defense was 'outrageously and wantonly vile, horrible and inhuman.' There is nothing in these few words, standing alone, that implies any inherent restraint on the arbitrary and capricious infliction of the death sentence. A person of ordinary sensibility could fairly characterize almost every murder as 'outrageously or wantonly vile, horrible and inhuman.' * * *." Id. at 427- 428 (citations omitted).

Benner was convicted of three counts of aggravated murder with specifications. Two of the counts contained a specification that the murder was committed during an attempted or actual rape and/or kidnapping, R.C. 2929.04(A)(7), all three also contained a specification that: "Prior to the offense at bar, the offender was convicted of an offense an essential element of which was the purposeful killing of or attempt to kill another, or the offense at bar was part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the offender." R.C. 2929.04(A)(5) (emphasis added).

Benner argues that this statutory aggravating circumstance is ambiguous when viewed in the light of the Committee Comment to the section. He argues that the General Assembly intended that subsection (A)(5) only apply to "mass murder" situations--analogous to mass accident cases where many people are injured at one time. Benner's reliance on the Committee Comment is, however, misplaced. The Comment recites in pertinent part that: "This section provides that the death penalty for aggravated murder is precluded unless one of seven listed aggravating circumstances is specified in the indictment and proved beyond a reasonable doubt. The seven aggravating circumstances deal with: (1) assassination of the President, Vice President, Governor, Lieutenant Governor, or a person who has been elected to or is a candidate for any such office; (2) murder for hire; (3) murder to escape accountability for another crime; (4) murder by a prisoner; (5) repeat murder or mass murder; (6) killing a law enforcement officer; and (7) felony murder." (emphasis added).

The emphasized language reveals that the legislature intended subsection (A)(5) to embrace two distinct means by which multiple murders are accomplished. One method does involve the "mass murder" scenario, however, the other contemplates repeat murder, such as in the manner of a serial killer. The Committee Comment does not, therefore, create an ambiguity. The language of the statute provides a clear and specific description of the behavior constituting the aggravating circumstance. Godfrey, supra. Benner's repeated murders and attempted murders, all committed in close proximity to one another, fit this description exactly. We find no constitutional flaws in the subsection's composition or application. Accordingly, assignment of error eight is overruled.

ASSIGNMENT OF ERROR IX

"The trial court erred in admitting State's Exhibit 44, 56 thru (sic) 64, 81, 88 thru (sic) 110 for reason that said exhibits were seized contrary to law." After Benner's arrest, his partial confession, his exculpatory statements, and the several police interviews with Robert Tyson, Tallmadge detectives applied for two search warrants for Benner's Lawrence and Springfield Township residences. The warrants were authorized by judges of the Summit and Stark County Courts of Common Pleas. Benner attacked both the validity of the warrants themselves, and the admission of certain items seized pursuant to their terms. He now argues that the trial court erred in rejecting his arguments for suppressing certain evidence.

Benner first contends that the affidavits submitted with the applications for the warrants were insufficient to justify the warrants' issuance. In reviewing the legal sufficiency of a challenged affidavit for a search warrant, an appellate court's task is to ensure, through a concientious review of the affidavit, that the issuing magistrate had a substantial basis for concluding that probable cause existed. State v. Bean (1983), 13 Ohio App.3d 69. We have reviewed the finely detailed, two-page affidavit of Detective Osborne. We find that it provided the issuing judges with a firm basis for concluding that probable cause existed. Crim.R. 41(C). Hence, this branch of Benner's assignment of error is overruled.

Benner's second contention is that the searches made pursuant to these warrants became exploratory and exceeded the scope of the warrants' written terms. Stanford v. Texas (1965), 379 U.S. 476. Both warrants meticulously described the residence to be searched. State's Exh. Nos. 5 & 6. One also authorized the search of Benner's vehicle (company truck) located at the premises. Each warrant authorized the search and seizure of the following items: 1) Woman's pierced earrings 2) Fibers and hair and other trace evidence for comparison 3) Cement/mud type substance for comparison 4) Lavender or purple erasure type substance for comparison 5) White decorative rope for comparison 6) Blue sweatshirt 7) Ladies grey Nelsonic digital watch

Benner complains that certain items seized do not fit under any of the descriptions noted. We disagree. The women's undergarments, men's jackets, and the vacuum cleaner bag all were potential sources of hair, fibers and other trace evidence. The remaining items seized were discovered inadvertently, were of an incriminating nature, and were in open view, and, thus, meet the plain view exception to the warrant requirement. Coolidge v. New Hampshire (1971), 403 U.S. 443. Accordingly, assignment of error nine is overruled.

ASSIGNMENT OF ERROR X

"The death penalty as authorized by Ohio Revised Code Section 2903.01, 2929.02, 2929.021, 2929.022, 2929.023, 2929.03, 2929.04 and 2929.05 is unconstitutional, both on its face and as it relates to this defendant in that it violates the Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution and Article I, Section Two, Nine, Ten and Sixteen of the Ohio Constitution.

"A. Section 2929.03 and 2929.04 of the Ohio Revised Code violate United States Constitution, Eighth Amendment and Ohio Constitution, Article One, Section Nine, prohibition against that infliction of cruel and unusual punishment. "B. Sections 2929.01, 2929.03 and 2929.05 of the Ohio Revised Code fail to assure adequate appellate analysis of excessiveness and disproportionality of death sentences, and thus violate the Eighth and Fourteenth Amendments to the United States Constitution and Article One, Sections Nine and Sixteen of the Ohio Constitution. "C. Section 2929.02. 2929.022, 2929.03, 2929.04 and 2929.05 of the Ohio Revised Code deprive the capitally charged defendant of due process of law under the Fourteenth Amendment and Article One, Section Nine of the Ohio Constitution. These provisions permit imposition of the death penalty on a less than adequate showing of guilt and the appropriateness of the death penalty. "D. Section 2903.01, 2929.022, 2929.03, 2929.04, and 2929.05 of the Ohio Revised Code violate the Eighth Amendment, prohibition against cruel and unusual punishment and the Fourteenth Amendment due process and equal protection clauses of the United States Constitution and Article One, Sections Nine and Sixteen of the Ohio Constitution, by requiring proof of aggravating circumstances in the guilt stage of the death penalty deliberation. "E. Section 2929.03, 2929.04, 2929.05 of the Ohio Revised Code Violates the Eights (sic) and Fourteenth Amendments to the United States Constitution and Article One, Sections Nine and Sixteen of the Ohio Constitution in allowing the imposition of the death penalty in the presence of mitigating circumstances. "F. Section 2929.03, 2929.04 and 2929.05 of the Ohio Revised Code violates the Eighth and Fourteenth Amendments of the United States Constitution and Article One, Sections Nine and Sixteen of the Ohio Constitution by failing to provide the sentencing authority with an option to choosing a life sentence, when there are aggravating circumstances and no mitigating circumstances. "G. The death penalty authorized by Section 2929.02, 2929.022, 2929.03, 2929.04 of the Ohio Revised Code violates the cruel and unusual punishment provisions and due process clauses of the State and Federal Constitutions for reason that the aggravating circumstance, as contained in the specifications to Count One, Count Two and Counts Seventeen and Eighteen of the Indictment, are overbroad and vague, and fail to reasonable (sic) justify the imposition of the death penalty in violation of the Fourteenth Amendment to the United States Constitution; and also violates the double jeopardy clause of the Fifth Amendment to the United States Constitution. "H. The Eighth and Fourteenth Amendments to the United States Constitution and Article One, Sections Nine and Sixteen of the Ohio Constitution are violated by the failure of Sections 2903.01(B) and 2929.04(A)(7) of the Ohio Revised Code to clearly require the conscious desire to kill or premeditation and deliberation as a culpable mental state. "I. Sections 2929.03 and 2929.04 of the Ohio Revised Code violate the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution and Article One, Sections Two and Sixteen of the Ohio Constitution; and cruel and unusual punishment clauses of the Eighth Amendment and Article One, Section Nine of the Ohio Constitution. "J. The death penalty is arbitrary and discriminatorily inflicted, constituting cruel and unusual punishment and a denial of equal protection under the Eight (sic) and Fourteenth Amendments to the United States Constitution and Article One, Sections Two and Nine of the Ohio Constitution." Benner concedes that the challenges to Ohio's death penalty statutes made under this assignment of error have been passed upon and rejected by the Ohio Supreme Court in prior cases. See State v. Jenkins (1984), 15 Ohio St.3d 164; State v. Buell (1986), 22 Ohio St.3d 124, cert. denied, 93 L.Ed.2d 165, reh. denied, 93 L.Ed.2d 607. He asserts them on appeal for the limited purpose of preserving the record. Accordingly, assignment of error ten is overruled.

ASSIGNMENT OR ERROR XI

"The imposition of the death penalty in the instant case is inappropriate because the three judge panel took into consideration factors other than those set forth in O.R.C. 2929.04." Benner argues that the three-judge panel improperly considered factors outside the scope of the aggravating circumstances alleged and proven in his case. Specifically, he relies on the following passage taken from the sentencing determination of the panel: " * * *. "The Court did, however, consider as relevant to the aggravating circumstances the testimony and evidence relating to the brutal and depraved manner in which the Defendant strangled or attempted to strangle his victims, the frequency of his attacks, his seeming indifference and lack of remorse for the trail of death and broken lives he left behind, simply to satisfy his sexual gratification and to avoid apprehension." " * * *." (Separate opinion of panel (R.C. 2929.03(F)) at 6).

The identical argument was made in the recent case of State v. Steffen (1987), 31 Ohio St.3d 111, 115-117. There, the trial court had remarked in open court, during the sentencing phase, that: " ' * * * [Appellant's] battered childhood was terribly unfortunate but has not, from the overwhelming weight of the professional evidence, caused him to be psychotic. It has perhaps been responsible, to some degree, in causing him to be a person with superficial and shallow restraints. More significantly, it has developed a person with dangerous propensities likely to explode at any time. The * * * [appellant] has been described as a human time bomb waiting to explode. He did just that in this case and the results were devastating. There is no evidence to suggest that the same type of delayed explosive reaction could not occur again unless action is now taken to permanently prevent it. " 'This is what the Legislature had in mind when it passed the new death penalty law. The Legislature was reacting to the demands of the public for retribution and this is an appropriate case to provide such retribution.' " Id. at 116, n. 6.

That court's written sentencing determination recited in pertinent part that: " ' * * * The true circumstances of the offense can be gleaned from the testimony of the State's witnesses who described the scene, the victim's condition, the condition and location of her torn clothes and the presence of semen both in the victim's vagina and in her panties and the presence of spermatozoa. There is ample evidence to indicate the very sordid nature of the offense and its specific consequences. "It should be noted, from the * * * [appellant's] appearance in the courtroom that he was physically over-developed. He had a massively well developed chest and upper arms. It is evident that he either exercised regularly or worked out on muscle developing equipment. He looked every bit the part of an extremely strong person even though he wore glasses, suggesting that he had very poor eyesight and spoke very softly. The last moments in the life of Karen Range, in that small bathroom, and in very close proximity to the * * * [appellant], it must logically be inferred were filled with horror and pain.' " Id. at 116-117, n. 7. " * * *."

In rejecting Steffen's argument that the court improperly considered the nature and circumstances of the offense, the Supreme Court emphasized the language of 2929.04(B), which requires review of these factors. We are compelled to agree, and find nothing improper about the three-judge panel's description of Benner's crimes in their sentencing determination. Accordingly, assignment of error ten is overruled and the conviction and sentence of the court below is affirmed. The Court finds that there were reasonable grounds for this appeal. We order that a special mandate issue out of this court, directing the County of Summit Common Pleas Court to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). Costs taxed to appellant. Exceptions.

QUILLIN, P.J., and MAHONEY, J., concur.

FN1. Before Benner elected to be tried to a three-judge panel the case had been assigned to Judge Bayer, who heard all pre-trial motions.

FN2. Shelli had earlier described her attacker as having some facial hair. T. Vol. IV at 13.

FN3. Trina Bowser lived on Broadview Avenue with her parents.