Death sentence upheld for killer with gender dysphoria claim

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The Ohio Supreme Court upheld the death sentence Wednesday for an inmate who argued her attorneys didn’t properly raise in her defense trauma she experienced, including gender dysphoria.

The court ruled 6-1 to uphold Victoria Drain’s conviction and death sentence in the 2019 beating death of Christopher Richardson, a fellow inmate in the residential treatment unit at Warren Correctional Institution in southwestern Ohio.

At the time of the slaying, Drain was serving a 38-year sentence for stabbing and strangling a man to death in Hancock County in 2016.In their Supreme Court filing, Drain's attorneys presented evidence of self-harm dating to childhood because of gender dysphoria, or the distress felt when someone’s gender expression does not match their gender identity. Attorneys describe Drain as a transwoman in court documents.

Drain's attorneys on her appeal countered that her original lawyers didn't investigate the connection between her gender dysphoria and her mental health and acts of self-harm. Justice Sharon Kennedy, writing for the majority, noted that Drain insisted, against her attorneys' advice, on pleading no contest and made clear she didn't want 1,900 pages gathered by her attorneys about her life presented to the court.

 

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