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James Worley sits with his attorneys after the reading of the verdict. The jury of eight women and four men recommended the death sentence for James Worley in the Fulton County Common Pleas Court in Wauseon, Ohio on April 4. The jury found Worley guilty of the aggravated murder of Sierah Joughin in March 27.
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Worley attorneys make last argument to spare his life before sentencing Wednesday

THE BLADE/JETTA FRASER

Worley attorneys make last argument to spare his life before sentencing Wednesday

WAUSEON — Attorneys for James D. Worley made their final arguments to spare his life in a sentencing memorandum before a Fulton County judge on Wednesday will sentence him to death or life in prison. 

Attorneys argued “that mitigating factors...are in favor of a Life Without Parole sentence” for Worley, 59, because of his mental disorders, cost to taxpayers, and previous rulings in other cases. 

Worley was convicted March 27 on all counts, including aggravated murder, for killing Sierah Joughin, 20, who disappeared July, 2016, while riding her bike in rural Fulton County. The same jury recommended a death sentence April 4.

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Fulton County Common Pleas Judge Jeffrey Robinson will sentence Worley at 1 p.m. Wednesday. He can take the jury’s recommendation of death or impose a lesser sentence of life in prison. 

WATCH: Blade reporters Ryan Dunn and Lauren Lindstrom reflect on the Sierah Joughin murder

Worley’s attorneys Mark Berling, Merle Dech, and Mark Powers in the sentencing memo frequently cited a report by defense-hired psychologist John Fabian. In his trial testimony, Mr. Fabian discussed Worley’s various diagnoses, including several personality disorders, attention-deficit/hyperactivity disorder, and cannabis addiction. 

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Though not included in the sentencing memorandum, another key to the defense’s case to spare Worley’s life was family trauma, which testimony revealed included a father who physically abused Worley’s mother and a step-father who raped Worley’s older sister.

Mr. Fabian also expressed concern on the stand about an inappropriate or possibly incestuous relationship between Worley and his mother, though Worley has denied it and the psychologist said he did not have enough information for a final determination.

Worley’s sexually deviant behaviors, including fetishism and sexual sadism, were also cited in the defense team’s memo. The memo mentioned him watching violent pornography and fetishizing inanimate objects such as handcuffs and adult diapers — items found on Ms. Joughin’s body as well as at his property.

Worley “seemed to lack insight into childhood issues and traumatic events,” Mr. Fabian said in his report, cited by the defense. He also has “deep-rooted denial and deep-rooted sexual fantasy systems.”

The defense’s memorandum also cites other Ohio death penalty cases where judges or juries chose life in prison over death — including the March, 2018, trial of Brian Golsby, who was convicted of killing Ohio State University student Reagan Tokes last year, and State v. Everett.

In that case, Stephen Everett, of Oregon, was convicted in 2002 of the rape and murder of Rhonda Douglas. A three-judge panel consisting of Lucas County Common Pleas Judge James Bates, now-retired Fulton County Common Pleas Judge James Barber, and retired Lucas County Common Pleas Judge Robert Franklin sentenced Everett to life without parole.

A life sentence for Worley would also be financially beneficial to the state, his attorneys argued, in addition to public safety concerns.

“The public would be protected in that the defendant would never be released from prison; simply put he would die in prison,” Worley’s attorneys wrote. “Further such a sentence would not impose an unnecessary burden on state and/or local government resources. The cost of a death penalty sentence is significantly greater than a sentence of life without parole.”

The prosecution, in its sentencing memorandum, dismissed the defense’s economic argument and said the judge must sentence him to death given the jury’s recommendation and Ohio law. 

“If the Court finds, by proof beyond a reasonable doubt, that the aggravating circumstance that Defendant was found guilty of committing outweighs the mitigating factors, the Court is obligated to impose the death sentence,” Fulton County Prosecutor Scott Haselman wrote. “Put simply, the General Assembly has determined that, in such circumstances, there is but one penalty that may be imposed.”

In a document filed Tuesday, Judge Robinson ordered several similar charges merged for sentencing. Worley will be sentenced on one count each of kidnapping, felonious assault, possession of criminal tools, tampering with evidence and having weapons while under disability, and will be sentenced separately on one count of aggravated murder with death penalty specifications.

Contact Lauren Lindstrom at llindstrom@theblade.com, 419-724-6154, or on Twitter @lelindstrom.

First Published April 17, 2018, 9:19 p.m.

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James Worley sits with his attorneys after the reading of the verdict. The jury of eight women and four men recommended the death sentence for James Worley in the Fulton County Common Pleas Court in Wauseon, Ohio on April 4. The jury found Worley guilty of the aggravated murder of Sierah Joughin in March 27.  (THE BLADE/JETTA FRASER)  Buy Image
Sierah Joughin OBIT HANDOUT NOT BLADE PHOTO  (OBIT HANDOUT NOT BLADE PHOTO)
THE BLADE/JETTA FRASER
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