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Subscribe to RSSA man sentenced to death for intentionally setting a blaze that killed his 3-year-old son was denied clemency on Wednesday by the Ohio Parole Board, despite his attorneys' arguments that there was another viable suspect and that authorities should re-examine the case due to scientific advances made in fire investigation.
Michael Webb, 42, was found guilty of aggravated murder in the death of Michael Patrick Webb in a Nov. 21, 1990. fire in Goshen Township in Ohio (Webb's wife and his three other children survived the blaze). He was also convicted of aggravated arson, attempted aggravated murder and aggravated theft. His lawyers wanted his sentence commuted to life without parole to give him time to pursue a new trial.
In its recommendation to the governor to deny clemency, the Parole Board discounted the possibility of another suspect, saying it would require "an extraordinary stretch of the imagination," and noted that Webb's "stealing money from his daughters' trust fund for years" had created a "powerful motive."
"This crime was very heinous," said the eight-member Parole Board, which voted unanimously. "The courts have reviewed the claim that the prosecutor withheld important evidence, and determined that it is without merit. ... Given the overwhelming evidence of guilt, there is no manifest injustice in this case that would warrant the grant of executive clemency."
Township Fire Chief Virgil Murphy's investigation revealed that gasoline had been poured on the bed of one of Webb's daughters and he smelled it on the bedclothes of his other daughter. Other "trailer" patterns that contained gasoline were found on Michael Patrick's bed and at the base of the bed in the master bedroom, according to the Ohio Supreme Court opinion in the case, the board said.
AP Photo/Ohio Department of Rehabilitation and Correction
Undated photo provided by the Ohio Department of Rehabilitation and Corrections of Michael Webb.
The board interviewed Webb on Jan. 13 via video conference from the Chillicothe Correctional Institution. In it, he "asked for clemency claiming that he is innocent of the crime of setting his house on fire and killing his son. He said that he would like to get a new trial and clear his name," the board noted.
Webb's execution, initially set for Feb. 22, has been delayed due to problems with Ohio's lethal injection method. A new date has not been set, said one of Webb's attorneys, Jim Owen.
At a hearing last week on the clemency request, Owen and another attorney for Webb, Keith Yeazel, said the jury was "deprived of two key pieces of evidence" in the case: the information about another suspect and the modern scientific interpretation about the fire's site of origin, according to the board decision.
The site of origin was important because a report, submitted by Webb's attorneys, showed it could have started elsewhere on the first floor -- not just outside the bathroom where Webb was standing. This made "it plausible that someone besides Webb started the fire and that Webb would not have seen the actual arsonist," his lawyers argued, the board said in its finding.
The report, by Texas-based arson expert Gerald Hurst, said the fire chief relied on methods that 20 years of arson science have found unreliable, according to The Associated Press.
However, the Parole Board noted that Hurst's report did "not preclude the state's version of the offense as it indicates that the point of origin of the fire could have been anywhere on the first floor. Therefore, the point of origin could have been the bathroom and the closet as was testified to by (Township Fire) Chief (Virgil E.) Murphy."
Owen said the decision was not “unexpected” and they were working with other lawyers to file a motion for a new trial. He noted that new trials have been granted in cases based on "improper fire science evidence."
“The clemency board really didn’t address the issue we raised, which was that the testimony about the point of the origin of the fire at trial was wrong and not based on science. As a matter of fact in their statement of facts, they cited Murphy’s testimony that we’ve proved was not based on science and that fact is uncontroverted," Owen said. "There’s no scientific expert opinion offered by the state that says that the trial testimony was correct. Every person that’s looked at this and given a scientific opinion concludes that the testimony was wrong.”
Death-penalty cases need a higher standard, than "beyond a reasonable doubt," said Richard Dieter, executive director of the Death Penalty Information Center, which in mid-December reported an "historic drop" in the number of death sentences imposed in the U.S. over the last 15 years.
"With the advancements in science I think these cases do present some doubts ... changes in what the jury would hear today from what they heard at the original trial," he said. "Given the stakes here that the person's life will ride on this decision, I think that should be part of the governor’s ultimate decision, is there any doubt? Is there a lingering doubt?”
In a statement submitted to the board, Webb's ex-wife, Susan Beck, asked for "no leniency" for him, saying he "showed us no mercy on the morning of November 21, 1990."
Looking back at journals she kept for three years after the fire, "it becomes more unbelievable that my family survived what Mike Webb did to us, plus its aftermath. I can't believe we stood behind this murderer ... this baby-killer ... who saturated us with gas, lit us on fire and made no attempt to save us. ... Because of Mike Webb, my dreams of raising a family literally went up in smoke."
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"Webb convicted of pouring gasoline on his own family and igniting it, in an attempt to kill his wife and four children" - but I didn't kill my son? Excuse me, what about the other four people? His ex-wife was pretty sure it was it was him, and she was being set on fire.
The Shaggy Defense, aka "It wasn't me!" doesn't have a prayer. I am not a death penalty fan, but this is definitely a special circumstance. Maybe he should be burned at the stake, seems only fitting...
Adios Mr. Webb, I am sure you will be burning where you are going to be going.
Do it soon.
i remember when this fella burned the house, he was guilty then and the technology of today will never change that. the dead child was a freind of mine's nephew. but i suppose the "mystery man in red"he was refering to was the devil but i do not buy that story at all.
This peice of scum should be executed like his son. set him on fire!
What is wrong with people?
Fry, baby Fry!
America: A backwards country that still has the death penalty. Much like Iran and China.
no, no, no, we're "better" than them..
Well Tumble, I guess we can start a village of these folks next to you. When they burn, rape, molest, or kill you or yours you can truly appreciate how much more sophisticated you are than all the "backward" Americans.
I bet if this were your family, you would want to see this man executed! Remember... An eye for an eye... These killers have no conscience. They aren't even human, as far as I'm concerned!
kansas; Why would you want to turn them loose?
nurse: You'd lose that bet. Death is a release. I would want them punished for many years. Keep-em in a small cell.
At whose expense? What does it cost to keep someone in prison for life? Something like $60k per year. So we need to donate a million dollars of our tax money to keeping this piece of slime alive and incarcerated? To what end? To rehabilitate him?
You may not believe in the death penalty, but when you look at alternatives, it is sometimes the best choice. In an "ideal" world, we would have a way of figuring out for 100% certain that the person was guilty, and then the question is, would you change your mind? If someone was proven without any conceivable doubt that they were a danger to society, would you still opt for spending a million+ of your tax dollars to keep him in a hole the rest of his life?
If you believe in God, then let God be the judge. If he is truly innocent and is killed anyway, he will get to spend an eternity in heaven. If he is truly guilty, he will burn in hell. Take that money saved and give it to a social program if you are so concerned. Personally I just don't think he is worth my tax dollars to keep alive, whether it is more of a punishment or not. Get rid of this crap from the gene pool and move on, humanity will be better off without him in the long run, and killing him might just keep the next psycho from acting on his twisted desires.
Not like Iran and China. They would kill him in a like manner. Not humanly. Too bad.
Hey Arizona - if you don't like the fact that America still has the death penalty, I'm sure another country would gladly take you - catch the next boat out, and find a country that's not as "backwards" - let us all know how this turns out for ya..
Computerlady-
Like it or not, "Arizona" has the right to disagree with the death penalty... and since he DOESN'T believ in it, he has the right to speakk out for change. This IS America. It's still his right. The fact that you DO believe in it doesn't make it "right" any more than his disbelief in it makes it "wrong".
You people that want to limit others basic rights (or kick them out (?!?!)) simply because their opinions are different from yours just baffle me.
By the way Barbara...
China executes via shooting or injection only for their crimes.. not "in a like manner".
It's funny how every low life always pleads not guilty. You know they will because they are already garbage, but then they prove it again by denying they did anything, and pleading not guilty. Lawyer or no lawyer they would still claim innocence.
Yes we do still have the Death Penalty "Tumbleturd".... Just too bad this scum has to wait for the injection......
Buh-bye Mikey! Suck it up! You will only feel a little "prick" when the needle penetrates the skin to find a vein. You may feel a little "warming" sensation when the chemicals start to flow into your body. But, after that it's just like going to sleep only you never wake up so don't put anything off until the next day. Divine intervention is your only hope and I would bet the odds against that are almost infinite to none. I hope your final dream will be a replay of the nightmare of your son burning to death at your hand! But, we will never know will we... Sweet dreams Mikey!
You said it so well!
Glad he's not from Mississippi or a friend of Haley Barbour's.
I'm a very strong proponent of the death penalty & believe that if there is ABSOLUTELY NO DOUBT of a person's guilt that it should be implemented at the earliest available date!
When I first started reading this story I went into it with an open mind about the POSSIBILITY that he is truly innocent & should be re-sentenced to live without parole, but after reading some of his statements & that of his lawyers all I have to say is,
roll up your sleeve Mikey & let the juice do it's work!!!
Soooooo... You got all the facts you need from what amounts to a 1 page story online..?
Wow.
It's not hard to find an "expert" these days that will say whatever they are paid to say to get a guy off. Good thing they didn't believe this one.
He is 42 and the crime was committed in 1990, which made him 20 at the time, and his son was 3 years old! Amazing! He had to be around 16 when the son was conceived. He has three other children, and he robbed a daughter's trust fund for years! That statement about the daughter's trust fund does not make sense or add up. Are we saying this guy first became a parent when he was age 12 or 13?? Was he legally married?? What kind of a job allowed him to have a home at that age, with apparently little education?? Did the wife, or girl friend, keep coming back for more with a guy like this?? Or is she an older woman sex-predator, looking for younger men?? The man is more than twice the age he was when the crime was committed. After 22 years, he may have even forgotten about it, or at least the details. Of course he cannot expect leniency, and the American public is blood-thirsty and NOT prone to show mercy or compassion. Why doesn't the American public condemn God who did not have David executed after he committed BOTH murder and adultery, BOTH capital crimes, as established by God Himself? Yet, God allowed David to continue as King, and stated that David was "a man after God's own heart!" It seems that God set the rules, but administered them with mercy and compassion, something that is missing in America today! There are many aspects of this story that are not being reported. Sensationalism seems to be the order of the day with news reporting. Has he shown remorse?? Has he asked for forgiveness?? If not, perhaps he needs to be thoroughly flogged until he considers expressing remorse and asking for forgiveness. His age is 210% of what it was when he committed the crime before reaching age 21. Has he matured any at all?? Some solid flogging would make him mature quickly!
How many years did he rob the daughter's trust fund and how old was she?? Did the other children have trust funds, and if not, why not?? Did he rob the others and if not, why did he select only the daughter?? This is a strange case indeed!
Was standing, therefore he was awake. Could not see the actual arsonist. What about the smell of all the gasoline poured on the poor victims. Any logical person would right then be gathering his family for rescue. This human scum deserves to die! If you need someone to give him the shot, let me know.
I agree with Arizona Tumbleweed. 'An eye for an eye?' This is contrary to what Christ taught us not to do! I do not believe the man should be allowed out of prison; indeed, he should be institutionalized for life.
Hatred is not a pretty emotion and I am seeing far too much of it displayed here - from the perpetrator, the adult victim and many posting here. There is a great power in forgiveness as taught by Jesus Christ. He did not preach hate. If many of you continue to hate and wish to see others put to death when there have been many instances of a wrongful execution, I would not want to be in your shoes when you stand before your final judgment. You will receive the same fate as that to which you are condemning this man. Get your heads on straight and realize that prison is no picnic and the death penalty is an archaic, cruel and useless form of torture.
*and no, that spelling of judgment is valid. Use the computer you hide behind while cursing others and look it up. I've already left the land of the tell-a-vision ain't free and the home of the program slaves, so save your hateful diatribes against me and find something better to do with your lives.
Why has no one responded to post # 14?