10 December 2022 :
Gregory Esparza’s death sentence overturned
Lucas County Judge Stacy Cook ruled his original penalty unconstitutional because the prosecution withheld material from his attorney.
Gregory Esparza, now 60, was convicted of aggravated murder and aggravated robbery, both with firearm specifications, in 1984 for the February 12, 1983 shooting death of a carryout clerk. After a jury trial, Esparza was sentenced to death.
Judge Cook dismissed the death sentence and noted that Esparza is entitled to a new sentencing hearing, which, according to assistant Lucas County prosecutor Evy Jarrett, has not yet been scheduled.
He was convicted after the Island Variety Carryout in the 700 block of Dearborn Avenue was robbed at gunpoint on Feb. 12, 1983. The clerk, Melanie Gerschultz, 38, was shot, and later died from the wound. The robber got away with $110 from the register.
During Esparza’s trial, two key witnesses came forward – Esparza’s sister and a fellow inmate. Both testified that Esparza had confessed to the murder to them. That was enough for the jury to convict him. It also was a decision that set off a series of appeals filed by Esparza.
In her written opinion, Judge Cook said that the state failed to give material evidence to the Esparza defense before trial in 1984, including reports naming other possible suspects, interviews, and supplemental police reports. The VI Circuit Court of Appeals previously called it “a substantial volume of exculpatory evidence” that prompted speculation about whether Esparza acted alone.
For Esparza’s case see also HoC November 5, 2002 and November 3, 2003.
