Irwin denied attempt to overturn life sentence

LISBON - A convicted killer's latest attempt to overturn his 15-year to life sentence for the 2006 murder of 21-year-old Emily Foreman has been denied.

Andrew Irwin, 27, who's serving his time in a state prison in Mansfield, filed a petition on his own behalf asking Columbiana County Common Pleas Court Judge C. Ashley Pike to vacate or set aside the judgment for his conviction or sentence.

A jury in March 2007 found Irwin guilty of murder in Foreman's stabbing death on Aug. 23, 2006 in Liverpool Township, with Pike issuing the sentence. At the end of the jury trial, Irwin's attorney, George Kafantaris, claimed he had new evidence from a third party who reported someone else confessed to the crime, but Pike denied the request for a new trial.

He also denied a second request for a new trial when Kafantaris filed a motion for reconsideration, ruling an appeal was already filed in the 7th District Court of Appeals, giving the local court no jurisdiction. The appeal remains pending.

In his motion, Irwin made several claims related to the trial. He claimed he was denied due process because he was shackled during the trial and because the state failed to investigate other potential suspects, his conviction was tainted due to bad faith on the part of law enforcement and his counsel didn't make a second request for change of venue to move the trial somewhere else based on pre-trial publicity. He also claimed he had new evidence based on two affidavits.

Pike addressed each claim, saying the defendant was shackled during transport to and from the courtroom, but not in front of the jury, the state didn't violate his due process, the jury selected was impartial and the affidavits offered no new information. Pike said he agreed with the state's argument, saying the petitioner's claims "are compounded hearsay..."

No facts were given to support the bad faith argument.

Pike ruled there were no grounds to support the petition for post-conviction relief and dismissed the claims.