Ohio man sentenced to death

Ohio man sentenced to death in kidnapping and
murder of Ontario woman
17:19:04 EST Nov 16, 2005
GREG BONNELL
RAVENNA, Ohio (CP)
- The mother of an Ontario woman taken hostage
at random and murdered while attending university
in Ohio lashed out at her daughter's killer Wednesday
just moments before the man was sentenced to
death, a punishment that satisfied the family as justice
served.
Sarah Positano was alone in her condo last January
when James Trimble, on the run from police after
gunning down his live-in girlfriend and her
seven-year-old son, burst into her bedroom seeking
refuge.
The 22-year-old student's hour-long ordeal, captured
on a heartwrenching 911 call played during the trial,
ended with a single bullet wound to the neck
- just moments after her captor promised to set her free.
On Wednesday, Judge John Enlow sentenced
Trimble to death by lethal injection.
"What did Sarah ever do to deserve this?
What did she do that didn't please him?"
her mother, Susan Positano, said through tears
while delivering her victim impact statement to the c
ourt.
"An innocent young girl (who) had nothing to do
with this situation at all and he takes her life
. . . We will never, ever get over this."
The composure Positano mustered as she began
speaking quickly eroded as she described the
devastating toll the murder continues to take
on her husband and three other children, one
of whom was diagnosed with cancer last year.
"My husband Jamie has never been the same since,
because of a split second to pull that trigger."
The woman then verbally attacked her daughter's
killer, calling Trimble "a coward" and "a bastard"
who led a "wretched, miserable life" satisfying his
self-confessed craving for illicit drugs.
"I have lost the most precious daughter,"
said Positano, who added that she was the most
protective of Sarah.
"This was the one time I could not protect her,
from this beast."
Sarah Positano, a gifted gymnast who had aspirations
of opening a sports therapy clinic, was beginning
her last term at Kent State University when she
was slain shortly after midnight on Jan. 22.
The 911 call that captured Positano's frantic pleas
and her last gasps of breath brought many in the
courtroom to tears when it was entered into
evidence last month.
"There is a coward among us who preys on
women and children," Sarah's father, James Positano,
told the court.
"I only hope the last hour of his life is spent in
the sheer horror my Sarah had to go through at
his hand."
A jury found Trimble, 45, guilty of all nine counts
against him, including three of aggravated murder
arising from the shooting rampage. Last week, the
jury recommended the death penalty.
"I want (Trimble) to know that one day in the afterlife
he will look over his shoulder and see me,"
said James Positano.
"I hope he never forgets my face, and I hope he
never has peace."
Although the Positano family declined comment
outside the court, their lawyer said they were
pleased with the sentence.
"They are satisfied that justice has been done
today," said Mike Callahan.
The Positano family chose not to attend the trial,
a decision prosecutor Victor Vigluicci said he was
grateful for given the grisly evidence presented.
Trimble's rampage began the evening of Jan. 21
in the home he shared with girlfriend
Renee Bauer, 42, and her son Dakota.
The self-employed handyman, who served four
years in the U.S. Air Force, fired 19 rounds from
his assault rifle in the couple's bedroom,
13 of them striking Bauer with several passing
through her body and into Dakota.
A photograph of Bauer's bullet-ridden body
draped protectively over the seven-year-old boy,
who was still clutching his favourite stuffed animal,
drove family members out of the court in tears
on the first day of testimony.
The defence did not dispute that Trimble caused the
deaths of Bauer, her son and Positano but argued
Bauer's death occurred during an uncontrollable
rage fuelled by a vicious domestic argument,
and that the slayings of Positano and Dakota
were accidental.
On Wednesday, Trimble was defiant in making
his statement to the court, alleging the prosecutor
pursued the case for political gain - namely in
search of a judicial appointment.
"I wanted to plead guilty, I wanted the death penalty
to begin with," said Trimble, who then alleged
Vigluicci was in command of the SWAT team during
the tense standoff outside Positano's home.
Trimble also spoke of his mother, who was in the
courtroom, saying any criticism directed at her was
unfounded.
"My mother is as innocent as Sarah Positano,"
he said.
The victims' families were enraged by Trimble's
comments, with one of Bauer's relatives yelling
"shut up" as a woman restrained him.
Outside the court, prosecutor Victor Vigluicci said
Trimble could have pleaded guilty at any time
and characterized his words in court as "the ramblings
of a remorseless, cold blooded murderer."
During the sentencing phase, evidence was
presented that Trimble suffered from psychological
problems and abused drugs and alcohol.
In a bid to spare him the death penalty, the defence
produced experts to testify Trimble was under the
influence of methamphetamine the night of the
murders.
Enlow sentenced Trimble to die Nov. 16, 2006, but
under state law, cases in which the death penalty
is imposed are automatically appealed to the
Supreme Court of Ohio, a process that generally
causes delays.

link:
http://www.cbc.ca/cp/world/051116/w111690.html