Death Row convict's smoking appeal

A man on death row in the United States is appealing against his murder conviction on the grounds that jurors were not allowed to smoke as they reached their verdict.

Lawyers for Phillip Elmore (aged 43) said the lack of cigarette breaks made members of the panel in Columbus, Ohio, impatient and overly eager to finish the case.

They deliberated for six hours before convicting Elmore in 2003 of aggravated murder and other charges over the death of his ex-girlfriend.

A week later, the 12-strong jury took three hours to sentence him to death.

Common Pleas Judge Jon Spahr would not allow them to smoke during their deliberations.

“The trial court violated Elmore’s fair-trial rights by denying a request by one or more members of the jury to allow smoking of tobacco in the jury room, or smoke breaks, during deliberations,” Elmore’s lawyers wrote in his appeal.

“The judge’s refusal to make any accommodation of jurors’ request to smoke predisposed those jurors to agree on a quick decision.”

But prosecutor Robert Becker said he was confident the verdict and sentence would stand.

“I don’t think I’ve ever heard of this one,” he said.

“It’s relatively novel.”

Former sheriff’s deputy Pamela Annarino (aged 47) was beaten and strangled at her home in Newark, 30 miles east of Columbus.

Annarino had broken off their relationship, according to testimony, although jurors heard an unsworn statement from Elmore that he didn’t know why he killed her.