COLUMBUS, Ohio (WSYX/WTTE) — Prosecutors want another shot at putting a convicted killer on death row. Brian Golsby was sentenced to life in prison for the kidnapping and murder of Ohio State student Reagan Tokes. But Thursday morning, prosecutors argued to three judges that there was prejudice during the penalty phase and want a new jury.
It’s an unusual move for prosecutors to get the state to retry a death penalty case.
"Look, we have no burden. I'm going to say it once, twice, a hundred times. We have no burden and I think once the jury incorrectly hears that then I think the state has proven that we have been impaired, and we have proven that there was prejudice to fair consideration in that penalty phase,” said the Franklin County Prosecutor Ron O’Brien during Thursday morning’s appeal.
Prosecutors have appealed that decision, arguing that he needs the death penalty and just last year in 2019 Tokes' parents sued state officials in a wrongful death lawsuit; arguing they failed to properly monitor Golsby, a sex offender on parole and wearing an ankle monitor but went on a crime spree and then killed their daughter. The Ohio Supreme Court refused to hear the appeal of the family.
As far as state prosecutors re-trying a death penalty case it's in the hands of the Ohio Tenth District Court and no decision was made on Thursday.