VAN WERT — Jury instructions were once again the center of discussion at a pretrial hearing for Christopher Peters, a 27-year-old Delphos man who is facing the death penalty after being charged with aggravated murder in the death of an infant.
Judge Martin Burchfield of Van Wert County Common Pleas Court said Monday the court has approved a long-form questionnaire for potential jurors, which was altered after the defense argued jurors should have more space to express their views on capital punishment. The new questionnaire will provide potential jurors with more response lines on the death penalty question.
One of Peters’ defense attorneys, Bill Kluge, also filed a motion related to instruction of potential jurors. The instruction, which states that the jury “is to recommend sentence of death only after properly weighing and determining that death is the appropriate punishment,” was called into question by the defense.
Burchfield said “recommend” is in parenthesis on the jury instruction list, but Kluge asked if an explanation for the word could be included to provide jurors with more details on what that means.
“I think there is a reasonable explanation that can be given to the jury — that it is only a recommendation,” Kluge said to Burchfield. “The main issue here is whether or not they can go right to a life sentence without necessarily considering death.”
Kluge added that he would be OK with the jury instruction if a concurrent explanation was included, but Van Wert County Prosecutor Eva Yarger, who is representing the state, objected. She said changes or additions to the current jury instructions are unnecessary.
“I believe the jury instructions already do explain what they are asking or requiring,” Yarger said. “I think tampering with the jury instructions is just asking for problems later on.”
Burchfield did not make an immediate ruling on this issue.
Again regarding the jury, Burchfield asked if either party is considering a jury review of the crime scene. Kluge said the defense is filing a motion on the jury review, but Yarger said the state is unsure at this time. Kluge also promised the judge that more motions will be filed in the coming weeks.
Peters has pleaded not guilty to aggravated murder, murder, felonious assault, and endangering children in 15-month-old Hayden Ridinger’s death. The child was found dead inside an apartment Nov. 15 at 24249 Lincoln Highway. The child’s mother, 24-year-old Valerie Dean, faces involuntary manslaughter and child endangerment charges.
Peters, who was being held in lieu of $2 million bail, will appear for his fourth pretrial hearing on July 17. His jury trial has been scheduled for Sept. 18 through Oct. 4.
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