Accused cop killer not likely to testify

Jurors in the trial of accused cop killer Lincoln S. Rutledge have been told not to return to court until Tuesday, signaling that Rutledge will not testify in the death-penalty case.

Franklin County Common Pleas Judge Mark Serrott had given defense attorneys a deadline of 11 a.m. Sunday to decide whether they will put any witnesses, including their client, on the stand. Jurors were told to call the judge’s bailiff in the afternoon to find out if they were to report on Monday.

Defense attorney Jefferson Liston did not return a message seeking comment.

The reason for the uncertain schedule wasn’t explained to the jury, but was discussed by the judge and attorneys when the jurors were out of the courtroom. The attorneys were told that they will present closing arguments on Tuesday, leaving Monday for defense witnesses.

Serrott did tell jurors on Friday to bring overnight bags on Tuesday in anticipation of being sequestered at a hotel during their deliberations.

Assistant Prosecutors Daniel Hogan and Warren Edwards rested their case Friday afternoon after calling 22 witnesses over parts of five days.

Rutledge, 45, is charged with 11 counts, including aggravated murder, in the fatal shooting of Columbus police Officer Steven Smith on April 10, 2016. Smith was in the turret of an armored SWAT vehicle providing cover for other officers during a standoff at Rutledge’s Clintonville apartment when he was struck in the head by a shot fired from inside a rear bedroom.

If the jury decides that Rutledge purposely killed a police officer, tried to kill two or more people or purposely killed someone to escape apprehension he would be eligible for the death penalty. Such a verdict would require the jurors to participate in a sentencing phase during which they would hear mitigating factors from the defense before recommending a death sentence or life in prison.