Ron Welch
Muskingum County Prosecutor
FOR IMMEDIATE RELEASE
Thursday, December 8, 2022
Student that murdered newborn given another chance to avoid life without parole
The Ohio Supreme Court issued a decision Thursday granting a new sentencing hearing for a former Muskingum University student who murdered her newborn daughter in 2015.
Justices DeWine (R), Fischer (R) and Kennedy (R) disagreed with the majority opinion that the trial court in Muskingum County did not seriously consider information offered by a defense witness. As a result, Emile Weaver, the convicted murderer, will receive a new sentencing hearing.
The decision granting the new hearing was authored by outgoing Chief Justice Maureen O’ Connor, who is in her last days on the bench. Justice Brunner (D), Justice Donnelly (D) and Justice Stewart (D) all agreed that Weaver deserved to have someone testify at sentencing that Weaver’s actions were the result of a disorder that could reduce Weaver’s responsibility for the murder. Kennedy, DeWine, Fisher disagreed with the opinion of the majority
“The State is extremely disappointed with the decision of the Supreme Court; however, we are confident the next court to sentence this remorseless murderer will reach the same conclusion as the first sentencing court, and that is that Emile Weaver’s crimes were the result of selfish and calculated acts not the result of something beyond her control,” said Prosecutor Ron Welch.
This decision does not undo her murder conviction or mean that this defendant gets a new trial. It only means that the defense will be able to present evidence of an alleged disorder that the defense hopes will persuade a different judge to lessen the penalty for Emile Weaver killing her newborn baby. Despite the Supreme Court’s decision to gift Weaver a new hearing, she still can only receive one of the following sentences: a life sentence with parole eligibility after 20 years, a life sentence with parole eligibility after 25 years, a life sentence with parole eligibility after 30 years and life without parole.
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