The jury selection process continues in the capital murder against Brian Golsby.
Ten potential jurors were dismissed Monday. The potential pool is now 157.
Prosecutors and defense attorneys today questioned potential jurors about pre-trial publicity and their ability to consider the death penalty should Golsby be convicted for the rape, kidnapping and murder of Ohio State student Reagan Tokes.
Today one juror was dismissed after saying he “was tainted” and could not be fair to Golsby.
Another was let go after hinting that a suitable punishment for aggravated murder was death, adding that he might not consider any other mitigating factors about Golsby that he would consider when weighing the death penalty.
A large pool of potential jurors remains.
Golsby’s defense attorney Kort Gatterdam hinted at some of the mitigating factors that the defense team might use to help Golsby avoid the death penalty – including that Golsby had no father-figure, had a drug-dependent mother and was physically and sexually abused.
Under Ohio law, potential jurors in a capital case must be questioned about their ability weigh capital punishment even before the trial begins.
It’s up to the prosecutors to prove that Golsby is guilty of Tokes’ murder beyond a reasonable doubt. If they prove that case, the state would then have to prove the aggravating circumstances – in other words, that Golsby committed the crime of aggravated murder while in the commission of another felony. In this case the rape, kidnapping or robbery of Tokes.
If prosecutors prove that, only then would jurors decide if the Golsby should face the death penalty.
Police say Tokes was abducted while leaving work from the Bodega bar on February 8, 2017. Her body was found the next day in Scioto Grove Metro Park. Police say she had been shot twice.
Golsby had been released from prison a few months before that and was wearing a GPS ankle monitor at the time of the crime.
Authorities say GPS data from the ankle monitor connect Golsby to a series of robberies in the German Village area in the weeks and days leading up to Tokes’ murder.
The data also places him in the park where Tokes’ body was discovered.