Killer of 11 train passengers faces sentencing
Court Alerts
A man who killed 11 people by causing a commuter rail disaster in Glendale faces sentencing, one month after a jury recommended he serve life in prison without the possibility of parole.
During the penalty phase of Juan Alvarez's trial, jurors cried openly as survivors of the dead came forward to describe the anguish of their losses and the emptiness of their lives since the accident in 2005 robbed them of spouses, sisters, fathers and mothers.
Superior Court Judge William Pounders, who has presided over many high profile trials in a long career on the bench, admitted outside the jury's presence that he also had been affected by the survivors' testimony.
"I've never been so emotionally affected by evidence," said Pounders, who does not have the option to increase the penalty to death at the sentencing hearing Wednesday.
The prosecution described Alvarez as a remorseless, smirking defendant who didn't think of the case as a tragedy.
The defense painted the 29-year-old as a mentally disturbed man who was almost aborted by his mother, was shaped by a childhood of horrific abuse and became a methamphetamine addict. They said he drove his sport utility vehicle on the railroad tracks in a misguided attempt to get the attention of his estranged wife. They said he changed his mind at the last minute but it was too late to get the vehicle off the tracks.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.