Ohio Board Backs Sparing Death Row Inmate
Ohio Board Backs Sparing Death Row Inmate
The News
The Ohio Parole Board recommended Tuesday that Tyrone Noling, who has spent 30 years on death row for a double murder he says he did not commit, have his sentence commuted to life in prison with the possibility of parole as early as 2029.
Noling, 54, had asked the board a week earlier for a full pardon, not a commutation.
The decision now sits with Gov. Mike DeWine, an outgoing Republican who can pardon Noling, cut his sentence, or issue a stay. Noling has no execution date.
The Evidence He Cites
The three teenagers whose testimony convicted Noling later retracted their statements, saying police pressured them to name him as the shooter.
Ohio Innocence Project lawyers say they uncovered law enforcement notes pointing to three other potential suspects, including Wilson. In court filings they wrote that Noling's original trial team did not know Wilson's foster brother had told police Wilson bragged about killing the Hartigs.
DNA testing on the cigarette butt from the driveway placed neither Noling nor the three other teenagers at the scene. His trial lawyers were also unaware of a June 1991 blood-typing lab report concluding the cigarette could have been smoked by someone like Wilson.
Prosecutors have insisted Noling is an unrepentant killer who gunned down the Hartigs during the robbery spree.
Timeline
A neighbor finds Bearnhardt and Cora Hartig, both 81, shot dead inside their home in Atwater Township, Portage County. He was shot three times, she was shot five times, with a .25-caliber automatic handgun. The house had been ransacked.
Noling, 18 at the time, is accused of being part of a group of teenagers behind a string of robberies targeting elderly couples in Portage County. Three other members of the group, then 14, 15 and 16, implicate him.
Aggravated burglary charges against Noling are dropped.
A grand jury reindicts him in the Hartig murders, secured by the local prosecuting attorney and his investigators.
Noling is sentenced to death. No physical evidence tied him to the crime and the murder weapon was never found.
Dan Wilson, one of the other men later flagged as a possible suspect, is executed by lethal injection in Ohio for the 1991 murder of a young woman.
Noling's request for DNA testing of a cigarette butt found in the Hartigs' driveway and other crime-scene evidence is unsuccessful.
Noling appears before the Ohio Parole Board and asks for a full pardon — the first clemency hearing for an Ohio death row inmate since 2020.
The board's recommendation lands on DeWine's desk.
Reactions
The nine-member board split. Five members favored commutation, two were opposed, and one — former prosecutor Shontell Walker — was in favor of a full pardon.
"We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades," said Brian Howe of the Ohio Innocence Project, one of Noling's attorneys. "We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last."
Former Portage County Sheriff Ken Howe, now 83, testified on Noling's behalf. His department spent more than two years reviewing the case and refused to hand it to prosecutors because no weapon or physical evidence linked Noling and the other teenagers to the killings. "I believe that these boys were, and are, innocent," he told The Associated Press.
Noling has said he will not accept a commutation of his sentence to life without parole. His case has drawn documentaries, true-crime podcasts and support from Kim Kardashian and actors Hilarie Burton and Jeffrey Dean Morgan.
What's Next
DeWine decides. He is not bound by the board's recommendation and can grant a pardon, reduce the sentence, or stay any execution to give Noling time to pursue a legal remedy.
If the commutation recommendation is accepted as written, Noling would become eligible for parole as early as 2029.
More
DeWine's own position on capital punishment has moved. As a state senator he co-sponsored the 1981 legislation that reinstated the death penalty in Ohio. In June he called on lawmakers to eliminate it, saying "the moral justification I had for voting for the death penalty simply no longer exists."
Death row inmates in Ohio typically are not granted clemency hearings until an execution date is set. Noling does not have one.
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