COLUMBUS (WCMH) — The attorneys for Brian Golsby are asking the judge overseeing the defendant’s death penalty case to delay the start of the trial.
Golsby is the man accused of kidnapping, raping and murdering Ohio State student Reagan Tokes, last February.
The defense cites House Bill 389, which seeks to repeal the state’s use death penalty.
As the motion states:
The time and costs of preparing for trial, impaneling a jury, trying the case, and the years of appeals will largely be avoided if the bill passes.
HB 389 is still in its very early stages and has yet to be heard by a House committee.
Similar proposals have failed to pass the legislature, in past years, prompting Franklin County Prosecutor Ron O’Brien to issue the following statement:
Within the court rule we will file a response opposing this motion—there are 9 representatives of 99 who put their name on this bill and it has had no hearings. The sponsor has introduced the bill in the past and it has gone nowhere. So there is no reason to delay the trial in anticipation it will pass.
State Rep. Niraj Antani is a cosponsor of HB 389, and he acknowledged that the bill is unlikely to be approved by lawmakers.
“As much as I would like to see the death penalty repealed, the votes simply are not there to pass the legislature,” he said.
Tuesday’s motion is one of several filed by Golsby’s defense.
His attorneys are also asking the judge to remove the death penalty specifications from the charges he faces, and they are seeking to have evidence collected from their client’s GPS monitor excluded as evidence.
Golsby’s trial is scheduled to begin in February.