Judges Timothy N. O’Connell, Barbara Gorman and Mary Wiseman found Shaffer guilty and accepted the defense’s arguments that the mitigating factors outweighed the aggravating factors, meaning the death penalty would not be appropriate in this case.
The mitigating factors listed by the defense included that Shaffer had reactive detachment disorder, that he had below-average intelligence and that Shaffer was under “duress, coercion and provocation” by Sellers.
The rare, one-day, three-judge capital punishment hearing/trial was full of legal maneuvering in which recesses were taken to file paperwork with the clerk of courts and the agreed sentence was announced well before any testimony or evidence was presented.
A gag order was issued so that neither side can comment on the case.
The prosecution’s case consisted of the testimony of Dr. Bryan Casto of the Montgomery County Coroner’s office and Capt. Tom Thompson of the Miamisburg police department.
They testified about Spinks’ death, the crime scene, physical evidence and cell phone records recording text messages between Shaffer and Spinks. There was no closing argument. The defense presented no evidence and had no closing argument. Shaffer wrote letters in jail that other inmates gained access to which included information about the killings and a map of where various pieces of evidence were thrown into the woods near the railroad tracks.
Wearing a sweater and dress pants, Shaffer watched as Casto commented on gruesome autopsy photos showing the head and neck injuries and where Spinks’ body was severed by a train. Prosecutor David Franceschelli also showed the hunter’s-style knife Shaffer and Sellers allegedly used to kill Spinks.
Thompson testified about photos from the crime scene, including those showing Spinks’ body parts and a trail of blood which officials said happened when Spinks’ body was dragged up from below a train trestle to the train tracks.
As part of the plea, Shaffer gave up the rights to a pre-sentence investigation and a mental evaluation. The testimony was given without any cross-examination. Many items of fact were stipulated to by the prosecution and defense, including that Spinks’ IQ was 64 and that an expert would have testified that she was “mentally retarded.”
In a hearing Monday morning before the trial, Shaffer waived his right to a jury trial.
Shaffer and Sellers were indicted Oct. 5, 2011 and have been in Montgomery County Jail on $1 million bonds. Both were charged with aggravated murder, kidnapping, tampering with evidence, gross abuse of a corpse and possession of criminal tools.
Members of Spinks’ family declined comment Monday.
Spinks' grandmother, Linda Nicholas, has said of her granddaughter: "I wondered how she would survive in this world. I did worry about her, especially when she went out at night."
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