COLUMBUS, Ohio — The Supreme Court of Ohio last Thursday unanimously upheld the death sentence for Christopher Whitaker, the man convicted of killing 14-year-old Alianna DeFreeze in the winter of 2017.
Writing for the Court, Justice Patrick F. Fischer graphically recounted Whitaker's rape, torture, and murder of the Cleveland teen, which Whitaker himself admitted to shortly after his arrest. The opinion found that while Whitaker does suffer from mental health problems, he was still in control of his actions at the time of his crimes. Whitaker's claims of "insufficient evidence" were also dismissed:
"Whitaker presented substantial mitigating evidence that is entitled to considerable weight. That said, Whitaker raped and murdered 14-year-old [Alianna] in a vacant house. He then fled the scene and was arrested only after DNA evidence identified him as the perpetrator. Under these circumstances, we conclude that the aggravating circumstances outweigh the mitigating factors beyond a reasonable doubt."
Police found DeFreeze's body inside the abandoned Fuller Avenue home in January of 2017, just three days after she didn't show up for school at E Prep & Village Prep Woodland Hills. Whitaker was captured days later and in February of 2018 found guilty of multiple charges including aggravated murder, rape, and kidnapping.
"I apologize to the family and the community for my actions," Whitaker said prior to sentencing. "There is no excuse for what I've done. I can't imagine the pain the family feels, but I know the pain I felt when I had to look at what I'd done."
Alianna's family had asked for a life sentence in prison, believing the death penalty was "too easy" for Whitaker. Nevertheless, the jury recommended Whitaker be executed, and Cuyahoga County Judge Carolyn Friedland agreed.
The State Supreme Court did vacate Whitaker's conviction of felony murder during an aggravated burglary, but kept in place the convictions that led to the now-49-year-old's ultimate sentence. Justice Jennifer L. Brunner wrote a separate concurring opinion, finding that Whitaker should receive the death penalty but that county prosecutors erred when they didn't consider an earlier Whitaker offer to plead guilty in exchange for life without parole as mitigating evidence.
Following Whitaker's conviction, the Ohio General Assembly passed the "Alianna Alert" bill, which requires all schools in the state to notify parents or guardians within two hours of a student's unexcused absence. The legislation was signed into law by then-Gov. John Kasich and went into effect in 2019.
Ohio has not executed a prisoner since late 2018, with current Gov. Mike DeWine calling lethal injection "impossible from a practical point of view today" due to several issues with relevant drugs. It remains to be seen if the state will ever revive its use of capital punishment, and the Republican-led state legislature has signaled a willingness to eliminate the practice altogether.
You can read the Supreme Court of Ohio's full opinion below: