The case involving the man convicted of killing a Muskingum county sheriff’s deputy is back in court. Prosecutor Mike Haddox submitted a brief in the Tony Gross case that argues the death penalty still applies to Gross. Gross was convicted of aggravated murder in the death of Lt. Mike Lutz. Gross was sentenced to death. But, in October of last year, the Ohio Supreme Court ruled that Gross must be re-sentenced. The court said
that alternate jurors should not have been present in the jury deliberation room during the penalty phase of Gross’ trial. Now the death penalty may not apply to Gross. In 1994, when Gross was sentenced the law said if a death penalty case was overturned, the death penalty was not longer a sentencing option…however that law has since changed to allow the death penalty. The defense has until February 28th to respond to the brief.