Prosecutor asks jury for death penalty verdict

First Posted: 2/24/2015

LIMA — Convicting Hager Church of murdering two people by setting a fire in 2009 seemed more of a formality but deciding whether he should pay for the crime with his life is where the hard decision lies.

A jury of eight men and four women were sequestered to a local hotel Tuesday evening after more than nine hours of deliberation in the penalty phase of the death penalty trial of Church.

Jurors began deliberating at 11:15 a.m. Tuesday after passionate closing arguments by a prosecutor and an attorney representing Church.

Allen County Prosecutor Juergen Waldick reminded jurors of a statement Church said during a police interrogation to try to persuade the jury Church deserves the death penalty.

“I ain’t killed her for no reasons except for it was something that I always wanted to do,” Church told a detective during an interrogation.

Church’s lead attorney, Greg Meyers, asked the jury to spare Church’s life. He reminded jurors of Church’s childhood, which included alcohol use at a young age and reports of sexual abuse.

“Is that an excuse? Is that a defense? Am I sitting here saying, ‘Oh, it’s OK to murder?’ No, it’s not OK. He has to be punished,” Meyers said. “We ask that you send this man to prison for the rest of his life.”

Waldick was not allowed to bring up the fact Church already is serving a life sentence with no chance for parole for the 2010 killing of Deb Henderson. But he was permitted to bring up Henderson’s death as part of a qualification for the death penalty under Ohio law.

The same jury deciding Church’s fate convicted Church earlier this month of two counts of aggravated murder with death penalty specifications and aggravated arson. All jurors must unanimously vote for the death penalty or the panel must choose a life sentence.

The crime that is the subject of the trial is the killings of Massie “Tina” Flint, 45, and Rex Hall, 54, at a house on Pine Street on June 14, 2009. Church initially beat Flint in the head with a pipe wrench to try to kill her before setting the fire to try to cover the crime.

The fire originally was labeled accidental until Church started telling other inmates in prison and eventually sent a letter with a map of the crime scene to authorities.

While Meyers concentrated on Church’s troubled childhood, Waldick told the jury about Church’s time in the system as a child and his lack of effort to get help other than when ordered by the court.

Waldick said the defense used a psychologist to try to divert attention from the real issue that Church is a really bad person. He also reminded jurors the two times Church set out to kill people cost three people their lives and the crimes were similar.

Meyers, who referred to Church as mentally ill, told the jury no person is perfect and reminded them it was Church who alerted authorities of the crime, a point Waldick said only happened after Church had told other inmates who also tried to come forward for favors.

Meyers reminded jurors of the importance of their decision and told them they would have to take their decision to their grave. He said if Church was given a life sentence there is no chance he ever would be released.

“He will be punished with the certainty of living the rest of his life in prison. He’s going to leave lockup dead, one way or another,” Meyers said.

Meyers also used religion during his closing argument to appeal to the jurors.

“Who are we when it comes to it to take a life?” he said.