COLUMBUS, Ohio — The Supreme Court of Ohio on Thursday upheld the death sentence for the man convicted in the infamous "Mr. Cars" murders that took place five years ago.
In a unanimous decision, the court's seven justices ruled Joseph McAlpin's "substantial rights" were not violated during his trial in the spring of 2019. McAlpin had served as his own lead counsel during those proceedings, but had sought a new trial claiming attorneys assisting him at the time wrongfully interfered with his legal strategy.
Back in April of 2017, Mike and Trina Tomola Kuznik were both shot and killed inside the Mr. Cars dealership on East 185th Street in Cleveland, with their then-19-year-old son being the one who found their bodies. McAlpin and two others were subsequently arrested and charged with robbing and killing the husband and wife, with prosecutors noting the murders had been particularly gruesome in nature.
The trial two years later featured multiple tense moments, including McAlpin cross-examining the Kuzniks' son and offering "condolences" for his loss. Eventually, the jury found McAlpin guilty of aggravated murder, and Cuyahoga County Common Pleas Judge Brian Corrigan agreed with the recommendation of the death penalty. Corrigan also sentenced McAlpin to 63 years in prison for his other crimes, including the slaying of the Kuzniks' dog.
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In his appeal of his conviction, McAlpin asserted errors were made at his trial when he did not know when to object to certain statements in court, specifically to DNA evidence presented by the county medical examiner. However, in the Ohio Supreme Court's opinion, Justice Melody Stewart wrote none of those possible errors had an impact on the verdict, and that even if an expert DNA report had been prepared by the defense, it would not have helped McAlpin in the slightest.
"This evidence more than sufficiently supports the jury's verdict that McAlpin committed the murders as the principal offender," Stewart added. "Thus, it is unnecessary to consider his claim that he did not commit the murders with prior calculation and design."
Justice Patrick F. Fischer wrote a concurring opinion, affirming McAlpin's guilty verdict but also brought up Ohio's "hybrid representation" guidelines allowing defendants to act as their own attorneys with the assistance of counsel. Fischer stated that officials "should not be placing defendants and their lawyers in these difficult positions without more guidance and flexibility."
Despite his current sentence, there remains a real possibility McAlpin will naturally die behind bars, as Ohio has not executed a prisoner on death row since 2018. State lawmakers on both sides of the aisle have expressed an openness to abolishing capital punishment, and Gov. Mike DeWine has previously stated lethal injection is "no longer an option."
Besides McAlpin, co-defendant Andrew Keener pleaded guilty to involuntary manslaughter and grand theft and was sentenced to six years in prison. A third suspect, Jerome Diggs Jr., had all charges against him dismissed last year.
