Ohio attorney general Richard Cordray told justices during oral arguments that Frank Spisak had a fair trial and deserves death. Cordray urged the high court to reverse a federal appeals court ruling that found Spisak had an ineffective trial lawyer and found that his jury received faulty sentencing instructions.

Spisak, 58, was convicted of three murders at Cleveland State University over a seven-month period in 1982 – crimes he said were motivated by his hatred of gays, blacks and Jews. At the same time, Spisak claimed his crimes were sparked by mental illness related to confusion about his sexual and gender  identity. He wants to have surgery to become a woman.

The 1983 trial became a public spectacle as Spisak celebrated his killings in court and openly discussed his hateful views. He even grew a Hitler-style mustache, carried a copy of Hitler’s book, “Mein Kampf” during the proceedings and gave the Nazi salute to the jury.

The 6th Circuit U.S. Court of Appeals in Cincinnati ruled that Spisak’s trial attorney essentially gave up on his client in closing arguments by conceding that Spisak was “demented” and “undeserving of sympathy.”

Cordray acknowledged the defense lawyer’s argument was far from perfect, but said the attorney – now deceased – did the best he could with an unsavory client. He said the defense lawyer instead appealed to the jury’s sense of humanity to spare from death a defendant who was obviously very troubled.

“I don’t see easily how he could have done better,” Cordray said.

Michael Benza, representing Spisak on appeal, said the former defense lawyer essentially abandoned his client.

“It is the role of a defense counsel to advocate,” Benza said.

But most of the justices were skeptical of Benza’s arguments.

Justice Ruth Bader Ginsburg noted that the Supreme Court had never found a defense lawyer to be ineffective solely on the basis of a closing argument if his conduct during the rest of trial was acceptable.

“You’re asking us to take a new tack,” she told Benza.

Chief Justice John Roberts said Spisak’s lawyer seemed to be trying to make the best out of a difficult situation by admitting to the jury that his client’s behavior was awful.

“It seems to me this disagreement is over different styles of strategy,” Roberts said.

Benza also argued that the instructions to jurors were flawed because they were not told that one juror’s vote against the death penalty would prevent a death sentence. Ohio law now includes such an instruction, although none was required at the time of Spisak’s trial.

It’s the second time the case has come before the high court. The justices reinstated Spisak’s death sentence two years ago in a 6-3 decision that scolded federal appeals courts for second-guessing trial judges in murder cases.

However, the appeals court reached the same conclusion it did the first time and threw out Spisak’s death sentence.

The announcement by the FGG comes after a year-long site selection process that culminated in formal presentations by bidding cities to the FGG Membership Assembly meeting this week in Cologne, Germany, site of the 2010 Gay Games. Boston, Mass., and Washington, D.C., were the other two finalists.

“Cleveland demonstrated to the Federation of Gay Games that they understood the mission of the Gay Games and our principles of ‘Participation, Inclusion, and Personal Best’,” said Kurt Dahl (Chicago) and Emy Ritt (Paris), FGG Co-Presidents. “We were highly impressed by the facilities and infrastructure, the widespread community sport, their financial plan and the city’s experience in hosting large scale sports and cultural events.”

“The City of Cleveland is prepared to roll out the welcome mat to the LGBT athletes, their families and spectators from around the world,” said Cleveland Mayor Frank G. Jackson.  “Fans of the Gay Games will find that Cleveland is a great place to celebrate sports and culture and that we have tremendous assets and amenities for them to enjoy.  The sports and cultural environment here is truly a uniquely Cleveland experience, one they will cherish for years to come.”

“We are extremely honoured and pleased that Cleveland has been selected to host the 2014 Gay Games,” said W. Doug Anderson, spokesperson for Cleveland Synergy Foundation, the bidding organization. “It is truly a privilege to continue Dr. Tom Waddell’s legacy and vision in our city – an extremely enthusiastic sports town – where the guiding principles of personal best, inclusion and participation are held dear.  We are also pleased to be considered and selected from among two of the greatest cities in the world – Boston and Washington, D.C. – and greatly appreciate the support of both cities as Cleveland hosts the Gay Games in 2014.”

The Gay Games is a quadrennial sports and cultural festival founded in 1982 by Olympic decathlete Dr. Tom Waddell. Drawing as many as 12,000 participants, more than the Olympics, Gay Games have been held in San Francisco (1982, 1986), Vancouver (1990), New York (1994), Amsterdam (1998), Sydney (2002), and Chicago (2006). The 2010 Gay Games (www.games-cologne.com) will take place in Cologne, Germany, from 31 July to 7 August 2010.

Cleveland’s 2014 Gay Games IX Sports & Cultural Festival is scheduled to take place 9 to 16 August 2014. The 8-day event will feature 30 sports, 4 cultural events, an Opening and Closing Ceremony and community and cultural events throughout the Cleveland metropolitan area. Gay Games generate $50 to $80 million in estimated local economic impact in additional to significant ongoing travel and tourism visibility benefits for the host city.

The announcement was carried live worldwide via webcast. A recording of the announcement can be viewed at http://www.livestream.com/2014GayGames.

Outside city hall, there was an air of excitement; inside a group of conservative pastors held a prayer service using the National Day of Prayer to denounce gay unions.

City Council approved the registry with a 13-7 vote in December. It was signed into law by Mayor Frank Jackson.

“Let this movement be about building real bridges in Cleveland,” Councilman Joe Cimperman, who filed the legislation, told The Plain Dealer newspaper.

“It’s not about marriage,” Cimperman said. “It’s about recognizing relationships. And this is just the beginning. Come on, it’s 2009! This is the battle of human rights for our generation.”

The registry is mostly symbolic, but for gay and lesbian couples in the city it is a major step forward in a state where same-sex marriage is banned under the constitution. 

The registry will be open to all same-sex couples who live in the city.  They will have to show they are in an interdependent relationship and live together.

It will not require city government or private businesses to provide spousal benefits to same-sex couples, but it could be used as proof of a relationship at those companies which do offer partner benefits.

The registry is the third of its kind in the state.

In 2003, voters in Cleveland Heights approved a partner registry.  A conservative council member sued to overturn the vote but lost in court and was defeated in the nest election.

In 2008 ,Toledo City Council approved a similar registry.

The legislation was filed by Councilman Joe Cimperman.  He said it would help Cleveland’s bid to host the 2014 Gay Games. The cash strapped city is anxious to host the games, estimated to bring in millions of dollars from LGBT athletes and fans from around the world.

“We are trying to show that we are a serious city when it comes to tolerance,” Cimperman told The Cleveland Plain Dealer.

The partner registry has the support in principle of Cleveland mayor Frank Jackson, although he said that he wants to review the measure to be sure it does not conflict with Ohio’s ban on same-sex marriage.

The registry would be open to all same-sex couples who live in the city.  They would have to show they are in an interdependent relationship and live together. Each partner would have to be 18 or older and attest they are not already married.

It would not require city government or private businesses to provide spousal benefits to same-sex couples, but it could be used as proof of a relationship at those companies which do offer partner benefits. 

 If the measure passes, it would make Cleveland the third city in the state to have a partner registry.

In 2003, voters Cleveland Heights approved a partner registry. A conservative council member sued to overturn the vote, but lost in court and was defeated in the next election.

In 2008, Toledo City Council approved a similar registry.