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DEATH-ROW INMATE'S FATE TO BE DECIDED
Lima News, The (OH)
June 9, 2006

Joseph sentenced to death for killing Bath student in 1990

By GREG SOWINSKI

CINCINNATI -- Rick and Sharon Young, along with 43 of their friends and
family, filled a federal courtroom Thursday sending their own message to three judges deciding the fate of their son's killer, Richard Joseph.

This case isn't just about Joseph. It is about the Youngs' 16-year-old son,
Ryan Young, who Joseph and Jose Bulerin killed in 1990. The Youngs sat through an hour of legal arguments and case citations, most of which were based on the wording of an indictment which another federal judge used to dismiss the death penalty against Joseph.

"We wanted to let them know that the family and the community supports the death penalty," Sharon Young said.

The judges did not rule Thursday and it likely will be sometime, months to
maybe even more than a year before they rule.

Ryan Young, a Bath High School student, disappeared after leaving his
girlfriend's home on June 26, 1990. His body was found July 4, 1990, buried at an Auglaize County gravel pit owned by Joseph's family. Bulerin received a life sentence for his role in the killing.

The hearing in the U.S. 6th Circuit Court of Appeals in Cincinnati gave a
state prosecutor the chance to explain to a three-judge panel why the death sentence was appropriate and should be reinstated.

It also gave him the chance to say that U.S. District Judge Lesley Wells of
the Northern District of Ohio was wrong when she tossed the death sentence and ordered Joseph be resentenced on the aggravated murder charge without the chance for the death penalty.

Most of the arguments centered on wording in the indictment which said Joseph was the principal player in the aggravated kidnapping of Young. The indictment should have read he was the principal player in the aggravated murder.

Ohio Deputy Attorney General Chuck Wille said the error was corrected beforeit got to the jury. There was no uncertainty on the charges during the trial,
he said.

"We have the jury coming back and signing the jury form that he was the
principal player in the aggravated murder," Wille said.

But Joseph's attorney, Edmund Searby, argued the wording flaw wipes out the chance for the death penalty. Joseph was not properly advised of the exactcharges against him which is crucial to his defense, he said.

"The right to notice in fact is engraved on the outside of this building,"
Searby said.

During the arguments between the two attorneys, Judge Karen Nelson Moore askedseveral times whether there actually was enough evidence to prove Joseph's role in the killing.

Searby said Joseph's attorneys at trial didn't do a good enough job. His
attorneys not only failed to recognize the wording error but also failed to
challenge prosecutors who said they didn't know whether it was Joseph or
Bulerin who killed Young.

"The state repeatedly said on the record and to the jury, We don't know who killed the victim,'" Searby said. "You can't point to a single piece of
evidence that shows who actually killed Ryan Young."

Wille described the evidence against Joseph as circumstantial, but there was more than enough to show Joseph killed Young, he said.

"This was tried on the theory that they both committed the crime and all the evidence supported it," Wille said.

Joseph also had the motive, Wille said, which was that Young was dating
Joseph's ex-girlfriend.

Searby also is challenging Joseph's conviction on the other charges.

Besides attending the hearing Thursday, the Youngs organized a letter driveand petition to send to the judges. An employee in the clerk of court's officesaid the number of letters or petitions received was not counted and he would not provide an estimate on how many were received.

Sharon Young said the last count she had of the people who sent letters or
signed a petition was well over 1,000.

At a glance

The body of Bath High School student Ryan Young was found July 4, 1990, buried at an Auglaize County gravel pit owned by Richard Joseph's family. Joseph wassentenced to death for killing Young. His sentence is under appeal with the 6th Circuit Court of Appeals in Cincinnati.

[Amy]

Dear Young Family,

I wanted to let you know that my husband and I are fully behind you in keeping Mr. Joseph on death row, we are hoping the court will listen to everyone and make Mr. Joseph pay for what he did to your handsome wonderful son, me myself now being a mother of 2 boys and a girl could never amagine going through what your family has gone through, but we want to tell you how you have been in our prayers for the last 15 almost 16 years, My husband and I were newly married when Ryan was murdered we got a flyer when we were in Lima and we came back to Waynesfield and the Lake and hung up flyers trying to help find Ryan, We were devastated when we found out what the horrible Mr. Joseph had done, we are praying that the court does the right thing in this case and we have emailed a letter to them letting them know how we feel and letting them know we are behind your family all the way. I pray god will help your family get through this and that he will make the right thing happen. Again your family will remain in our hearts and prayers through this again. May god bless your family!!! We know Ryan is looking down on you all and is very proud of all you guys have done for him and his memories.