Court confirms ruling in murder case
LANCASTER – The Ohio Court of Appeals affirmed the guilty verdict made in the Chad Kerens’ murder trial last year.
Chad Kerens, 41, of Lancaster, was found guilty of one count of murder, an unclassified felony; and two counts of tampering with evidence, each a thirddegree felony after a four-day trial in the Fairfield County Common Pleas Court last February. He was sentenced to life in prison for the murder count, and two 36month sentences for two counts of tampering with evidence, each a third-degree felony. An additional 24-month sentence for a 2016 conviction was added to this sentence, all to be served consecutively. Kerens is currently incarcerated at the Noble Correctional Institution.
Kerens murdered Victor White, then 52, of Lancaster, on April 10, 2019, in Kerens’ apartment.
Kerens filed three issues with the court’s findings with the Fifth Appellate District after his conviction. Through an attorney, Kerens contested because the jury was not instructed on the definition of self-defense; the jury made its decision without weighing all the evidence, which affected the ruling; and because Kerens’ attorney did not ask that the jury receive the self-defense instruction, he failed at defending Kerens.
The appellate court overruled all three issues, and affirmed the decision made last year.
In a written statement, Fairfield County Prosecutor Kyle Witt said “(his office is) obviously pleased with the appellate decision upholding the convictions. Lancaster (Police Department) did a great job investigating this case, and our team worked hard to prepare the case for trial and defend the convictions on appeal. Hopefully, this brings some finality and closure for the family of the victim.”
In the opinion filed by the appellate court, it outlined its reasoning for upholding Kerens’ conviction. The opinion outlined the procedure of the trial, including testimony and evidence presented. Essentially, Kerens asserted the jury wasn’t properly told about the selfdefense definition, partially his attorney’s fault, and that the jury had come to a conclusion that wasn’t supported by the evidence presented.
The appellate court disputed the claims. In the opinion, it said even if the jury had been instructed Kerens had acted in self-defense, “the state had rebutted any finding that Kerens had acted in self-defense beyond a reasonable doubt.” The court also said even if the jury had received that instruction, it wouldn’t have affected the outcome of the jury’s decision.
It also overruled Kerens’ claims it was his attorney’s fault the jury wasn’t instructed for the same reason: the outcome wouldn’t have been affected.
Concerning the claim the jury didn’t listen to the evidence and came to the wrong conclusion, the appellate court must rely on the jury’s decision because it wasn’t present for the trial.
The opinion states that although the prosecution’s evidence was circumstantial, as in they didn’t present an eyewitness who watched Kerens kill White and only presented witnesses close to the events on the day of the murder, DNA findings and testimony from experts, the appellate court said that circumstantial evidence was enough for the jury to draw conclusions on what happened. It also added Kerens never presented evidence to dispute any of the state’s findings and never provided details to clear up what happened, even after the police told him they didn’t belief his claims he stopped White from raping a friend. “The mere fact that Kerens told the police and Phillips that he was being
robbed and that he acted in self-defense does not make it so,” the opinion reads. “The state had the burden to disprove beyond a reasonable doubt that Kerens had acted in self-defense.”
“The jury heard the evidence and decided that the state had rebutted any evidence that Kerens had acted in self-defense and had proven beyond a reasonable doubt that Kerens was not acting in self-defense when he stabbed White forty-six times.”
The appellate court concluded the jury had followed the evidence in a reasonable way, and there was no need to overturn the court’s decision. blawlis@gannett.com 740-681-4342 @Barrettlawlis