The Dayton Branch of the NAACP is asking Gov. Mike DeWine to grant clemency to China Arnold, who is serving life in prison for the 2005 death of her infant daughter. The group planned to make its case at a Wednesday press conference at its Salem Avenue headquarters. The appeal puts the governor’s clemency authority at the center of a case that has shaped Dayton for two decades.
According to WDTN, the NAACP's 1 p.m. press conference is aimed at “urging the release of China Arnold.” The Springfield News-Sun reports that branch president Derrick Foward is expected to attend, along with members of Arnold's family. Arnold remains incarcerated at Dayton Correctional Institution.
A Death That Led to Three Trials
The case dates to Aug. 30, 2005, when 28-day-old Paris Talley died at her Hall Avenue home in Dayton. The station reports that Arnold had argued with her boyfriend, Terrell Talley, that day, and that she caused the infant's death by burning her in a microwave.
A Montgomery County coroner's office pathologist said the baby was in the microwave for at least two minutes, the News-Sun reports. Per the autopsy pathologist, Paris's temperature reached 107 to 108 degrees Fahrenheit.
Arnold's road through the courts was long and winding. A judge declared a mistrial in her first trial, and a guilty verdict from her second was later overturned, according to WDTN. A Montgomery County jury convicted her of aggravated murder in May 2011, the News-Sun says, and she was found guilty in the third trial.
Life Without Parole, Not a Death Sentence
Arnold had faced a possible death sentence. Instead, jurors chose prison, and the News-Sun notes the jury recommended life without the possibility of parole. WDTN reports she then tried to win a fourth trial, but the U.S. Supreme Court declined to hear her appeal.
With those avenues exhausted, clemency is one route the NAACP is pursuing. The request is directed to DeWine, who has authority to grant clemency under the Ohio Constitution.
What Ohio Law Says About Clemency
Under Ohio Revised Code Section 2967.07, applications for a pardon, commutation or reprieve must be made in writing to the adult parole authority. After an application is filed, or at the governor’s direction, an investigation into whether the request should be granted is required.
How Ohio Clemency Works
According to the Ohio Department of Rehabilitation and Correction, the governor exercises executive clemency after receiving a recommendation from the Parole Board. The department defines a commutation as reducing a penalty to a less severe one; it may be conditional or unconditional.
