Gorman said Chinn's Ohio public defenders filed other objections too late. State defenders received juvenile court records in 1993 that showed the 15-year-old witness, Marvin Washington, had an intellect in the bottom 1 percent stemming from a birth deformity. But the defenders did not raise the issue until 1997, Gorman said.
At a Feb. 10 hearing before Gorman, a state juvenile detention worker testified that after Chinn's 1989 trial, Washington quickly improved his elementary reading skills, earned a high school certificate and graduated at the top of his class of special students.
Washington's testimony - that he and Chinn captured Brian K. Jones, 21, in his car off South Ludlow Street - sealed Chinn's conviction. It happened the evening of Jan. 30, 1989, and Washington, then 15, testified that he drove Chinn and Jones to Jefferson Twp., where Chinn fatally shot Jones.
Four years later, Washington and his girlfriend, Wendy Cotrill, were executed in a Dayton gravel yard - two of the six victims in the 1992 Christmas killings rampage. Marvallous Matthew Keene is on death row for five of the slayings.
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