Denny Obermiller
This crime is one of
the most heinous that I have come across, not necessarily because of
the crime itself, but because of the relationship between the victims
and the perpetrator. Even still one of the things that shocks me is
how the justice system handled things inside the court.
For over two decades
many states have required those convicted of sex offenses to register
with the local police department upon their release from prison and
have restrictions they must follow. In 2006 the federal government
it mandated that states have a registry, which all did, but by their
rules. There are still arguments on whether the federal rules are
the “right ones,” just as there are still arguments on whether
the registry itself is legal. Initially these registries were
enacted to warn law enforcement and the public of the “worse of the
worse” when it came to sexual crimes, especially those against
children. Over the years the states have added more and more
offenses to the registry as well as what they allow the public to
see. Study, after study has found that these registries do little
when it comes to protecting the public or preventing someone who
truly wants to re-offend. Despite this states and the federal
government continue to rely on the registry and add more and more
crimes to the list. Judges and politicians put a lot of emphasis on
the sex offender registry but it seems that the public has taken less
interest in the registry for the most part over the years. It
appears that the public in general have two ideas about the
effectiveness and the registry itself. First there is the side that
believes the registries have gone too far in their inclusion of
crimes and pay little to no attention to it at all, even to those
accused of the most violent crimes. Then there is the side in which
believes anyone and everyone on the list continues to be a predator
no matter how minor their initial crime may have been. It is this
latter group of people that are also often accused of harassing those
on the list and their families.
With all of that being
said, let me say that the crime that Denny Obermiller committed
would, in my opinion, have garnered him the right to be on the sex
offender registry as a violent offender. In fact, a previous crime
he committed would have done the same, if it had not occurred prior
to the enactment of the registry. The point in discussing the
registry at all in this particular blog is to show despite studies
showing the registry is ineffective, how much emphasis judges and the
government put on it. For his crime Denny Obermiller eventually
pleaded guilty and waived his right to present mitigating
circumstances that would have saved him from the death penalty. The
court would rule that he would be sentenced to death but before they
concluded the hearing, or even officially give Obermiller his
sentence, there was an uproar in the courtroom when the court
insisted that he sign a paper stating that he understood that if he
were ever released from prison that he would be required to sign up
for the sex offender registry. Denny Obermller refused to sign the
paper and his attorney's agreed. After a huge discussion Denny
eventually signed the paper but added and expletive to the court. Of
course this showed what kind of man they were dealing with but in the
same respect I think it also shows how ridiculously serious the
courts take the registry.
It is not uncommon for
someone to plead guilty to a crime to avoid a trial. What is
uncommon is to see someone who is facing the death penalty to plead
guilty without an expressed agreement from prosecutors that they
would no longer seek the death penalty. But, that was just the case
with Denny Obermiller. Obermiller pleaded guilty to seventeen counts
against him. They included multiple charges of aggravating murder
against his two victims, kidnapping, rape, robbery, theft, attempted
arson and tampering with evidence.
No one seems to dispute
that Denny Obermiller had a tough childhood. When he was two years
old his mother, Ginnie Lou, was shot in the head and killed at the
age of twenty when she she got in the middle of a domestic dispute
between friends. Whether his father was already in prison is unclear
but by all accounts this would occur while he was “a young boy.”
My research indicated that several relatives were involved in raising
Denny and everyone agreed that his maternal grandmother, Candace
Schneider loved her grandson and often turned a blind eye to his
violence.
By 2010 Denny had
recently been released from prison after serving nine years on
charges of assault and kidnapping and was living with Candace and her
husband, Donald in Maple Heights Ohio. On August 10th the
Schneiders returned home after being out of town and discovered that
some rare coins they had were gone. They contacted the police but
whether they told law enforcement or only those close to them it was
said that they suspected Denny had taken the items. Later that day
Candace went to work at a local retail provider. She worked until
just before midnight that night but the following day someone called
her work saying that she would not be in because her husband was in
the hospital.
A few days later
Candace's granddaughter, Candace Flagg became worried when she did
not hear from her grandmother for her birthday. On the 13th
she began calling family members but no one had seen the Schneiders.
Flagg then called her grandmother's work and was told the story about
Donald being in the hospital. The story was becoming more bizarre to
Flagg because she was certain if this story were true there would be
those in the family who knew. Even still Flagg contacted all of the
local hospitals but received no details. Eventually Flagg finally
reached her cousin, Denny Obermiller. It appears that he indicated
that while he lived with the couple he had not been home in a few
days and told her that he would check on them and call her back. The
following day Obermiller had not called her back so she called him
once again. According to Flagg he initially stated he had not gone
by to check on them but when she stated she would send someone over
to the house to do so he changed his story saying he had in fact
checked on them and they were fine.
Next Flagg decided to
call the Maple Heights police department and ask them to go to the
home. It seems that they simply drove by the home and did not go to
the door. They reported back to Flagg that Donald's van was in the
driveway of the home. Later that evening they were asked to go back
and do an official “welfare check.” Two officers went to the
door and while they smelled a strong odor of gas they saw a body as
they looked through the window.
Upon gaining safe entry
into the home investigators would find the bodies of Donald and
Candace Schneider. Candace was found on the floor of a first floor
bedroom. She had been handcuffed and was naked from the waist down.
Her face was covered with a sheet and she had been strangled with an
electrical cord. There were two used condoms near her body. Donald
was found in an upstairs bedroom, face down on the bed. He too was
handcuffed and had been strangled with a bed sheet. Authorities
found the burners on the gas stove were left on and a candle had been
lit in the front room of the house over the mantle of the fireplace.
The only thing that appeared to be missing was the television.
Denny Obermiller would
become an immediate suspect. On August 15th a relative
called the police and told them that Denny was headed to their home.
Authorities found him as he was driving to the relatives home and
after a short foot chase he was taken into custody. By all accounts
it appears that he soon confessed to murdering both his grandmother
and her husband.
While a confession does
not always mean that the person charged will plead guilty to the
court and eliminate the idea of having a trial, it also does not mean
that they will not. One thing that I think that often confuses, and
sometimes angers people is when they hear that someone has confessed
to a crime and then pleads not guilty when placed in front of a
judge. Nearly 100% of people will plead not guilty at their first
appearance in front of a judge. This is not only advised by nearly
all attorney's and even judges. The first plea hearing is generally
within days of charges being filed and sometimes within hours of a
defense attorney being appointed, if not minutes, if in fact one has
been appointed at all by this time. Regardless of guilt or innocence
our justice system works to ensure that everyone has the opportunity
to be represented by an attorney and make sure that the law and rules
are followed. A few days does not give a defendant, nor really even
a prosecutor to adequately have their case together. Even still it
did not take the parties long to come to some sort of conclusion in
the case.
By February of 2011
Denny Obmiller had decided to change his plea to guilty to all of the
seventeen counts that he faced. While the murder of his grandparents
seemed heinous enough much of the animosity directed towards him had
to do with the fact that it was proven that he had raped his
grandmother before she was murdered. In cases such as these
prosecutors will often offer the defendant a deal in which they would
no longer seek the death penalty if they plead guilty to the charges.
Many times the reprieve from death is really all the prosecutors
offer. This case was different. It appears that Denny Obermiller
made no such deal with the prosecutors and instead simply walked into
court changing his plea to guilty and in essence advocating for
himself that he receive the death penalty. The judge in the case
obliged.
There have been
defendants over time that have pleaded guilty and even asked for the
death penalty be imposed. Some who have been given the death penalty
have waived their rights to appeals and some of them have been
executed by various states. In general I admit it sometimes
irritates me when a defendant does not fight their case in the
beginning, asks for the death penalty and then later continues to
fight it within in the court. But, despite the heinousness of this
crime, the admitted guilt of the defendant, and the fact that
eventually DNA testing would link him to the two condoms laying next
to his grandmother, I am surprisingly okay with him now fighting the
death penalty that he himself asked for and received.
Let me first point out
that I am not necessarily saying that I do not believe that
Obermiller deserved the death penalty. However, from the time of the
murders until the time in which he was sentenced to death (times 2),
plus thirty-two years for all of his charges was a span of only six
months. The justice system does not, nor in my opinion should it
work that fast. It is extremely reasonable to believe that both the
prosecutor and the defense attorney had many other clients and cases
in which to investigate, work on and prepare for. In my opinion it
seems unreasonable to believe that either side had done enough on
this case to determine that the verdict and sentence was appropriate.
Now of course the prosecution simply wanted a “win” and I can
hardly blame them if they had a defendant or a defense attorney
willing to plead guilty before they were even ready to do so.
However, to add to this it is my opinion that because of this short
time period and the lack of time to do a full fledged investigation
into not just the crime but the motive and the defendant I believe
that it was an “open” plea because the prosecutors were not
prepared to take the death penalty off the table because even they
were not sure what they were looking at. With this being said the
responsibility lands squarely on the defense, whether it be the
defendant himself or his attorney's. In my opinion, despite the fact
he had a prior conviction that may have likely touched on many of the
issues involved in his childhood, these short six months could have
no way adequately have examined not just the case and the motive, but
Obermiller's personality and any psychological issues he may have
suffered from. I am not saying that I believe that these would have
been excuses to adequately reject the sentence that he received, but
in my opinion it is paramount when it comes to the defense of another
person in any criminal case but especially one that would have the
defendant facing the death penalty.
There have been several
appeals in this case but it has been consistently upheld. While the
state of Ohio has continued to follow through on the death penalty
their governor has also commuted several cases to life without
parole. An article published in 2017 stated that Denny Obermiller
was scheduled to die in January of 2020. However there is a list of
scheduled executions and I was unable to find Obermiller's name.
Another article states that the date as been “removed.”
There seems to be
little to no doubt that Denny Obermiller committed these murders.
The only thing that seems questionable is whether he will be executed
for his crime.
Hi Susan! I am a researcher for a true crime series on Investigation Discovery channel. If you are interested, I would love to speak with you regarding some of the cases you write about. Thank you!
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