INDICTMENT - ELEVEN COUNTS

STATE OF OHIO ss. COUNTY OF LAKE } } CASE NO. 11-CR-000321

STATE OF OHIO vs. JOSEPH L. THOMAS

Of the July term in the year twenty eleven :

THE JURORS OF THE LAKE COUNTY GRAND JURY of the State of Ohio on their oaths, in the name and by the authority of the State of Ohio, do find and present that:

COUNT 1 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely, and with prior calculation and design, cause the death of Ann Marie McSween. This act, to-wit: Aggravated Murder, is contrary to and in violation of the Ohio Revised Code, Title 29 2903.01(A) and against the peace and dignity of the State of Ohio and is punished as provided in section 2929.02 of the Ohio Revised Code. FIRST DEATH PENALTY SPECIFICATION AS TO COUNT 1 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. SECOND DEATH PENALTY SPECIFICATION AS TO COUNT 1 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. THIRD DEATH PENALTY SPECIFICATION AS TO COUNT 1 Indictment - Page 1 of 9 Page(s)

PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. FOURTH DEATH PENALTY SPECIFICATION AS TO COUNT 1 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. FIFTH DEATH PENALTY SPECIFICATION AS TO COUNT 1 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. SIXTH DEATH PENALTY SPECIFICATION AS TO COUNT 1 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. COUNT 2 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely cause the death of Ann Marie McSween, while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit Kidnapping.

Indictment - Page 2 of 9 Page(s)

This act, to-wit: Aggravated Murder, is contrary to and in violation of the Ohio Revised Code, Title 29 2903.01(B) and against the peace and dignity of the State of Ohio and is punished as provided in section 2929.02 of the Ohio Revised Code. FIRST DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. SECOND DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. THIRD DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. FOURTH DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design.

Indictment - Page 3 of 9 Page(s)

FIFTH DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. SIXTH DEATH PENALTY SPECIFICATION AS TO COUNT 2 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. COUNT 3 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely cause the death of Ann Marie McSween, while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit Rape. This act, to-wit: Aggravated Murder, is contrary to and in violation of the Ohio Revised Code, Title 29 2903.01(B) and against the peace and dignity of the State of Ohio and is punished as provided in section 2929.02 of the Ohio Revised Code. FIRST DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. SECOND DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. Indictment - Page 4 of 9 Page(s)

THIRD DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. FOURTH DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. FIFTH DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. SIXTH DEATH PENALTY SPECIFICATION AS TO COUNT 3 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. COUNT 4 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely cause the death of Ann Marie McSween, while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit Aggravated Robbery.

Indictment - Page 5 of 9 Page(s)

This act, to-wit: Aggravated Murder, is contrary to and in violation of the Ohio Revised Code, Title 29 2903.01(B) and against the peace and dignity of the State of Ohio and is punished as provided in section 2929.02 of the Ohio Revised Code. FIRST DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. SECOND DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. THIRD DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS was the principal offender in the commission of the aggravated murder. FOURTH DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design.

Indictment - Page 6 of 9 Page(s)

FIFTH DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit rape, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. SIXTH DEATH PENALTY SPECIFICATION AS TO COUNT 4 PURSUANT TO OHIO REVISED CODE 2929.04(A)(7) The Grand Jurors further find and specify that the offense was committed while JOSEPH L. THOMAS was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery, and JOSEPH L. THOMAS, if not the principal offender, committed the aggravated murder with prior calculation and design. COUNT 5 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely by force, threat or deception, remove Ann Marie McSween from the place where she was found or restrain the liberty of Ann Marie McSween, with purpose to facilitate the commission of a felony or flight thereafter. This act, to-wit: Kidnapping, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2905.01(A)(2) and against the peace and dignity of the State of Ohio.

COUNT 6 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely by force, threat or deception, remove Ann Marie McSween from the place where she was found or restrain the liberty of Ann Marie McSween, with purpose to terrorize, or inflict serious physical harm on Ann Marie McSween. This act, to-wit: Kidnapping, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2905.01(A)(3) and against the peace and dignity of the State of Ohio.

Indictment - Page 7 of 9 Page(s)

COUNT 7 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did purposely by force, threat or deception, remove Ann Marie McSween from the place where she was found or restrain the liberty of Ann Marie McSween, with purpose to engage in sexual activity, as defined in section 2907.01 of the Revised Code, with Ann Marie McSween against the her will. This act, to-wit: Kidnapping, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2905.01(A)(4) and against the peace and dignity of the State of Ohio. COUNT 8 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did engage in sexual conduct with Ann Marie McSween and the said JOSEPH L. THOMAS purposely compelled Ann Marie McSween to submit by force or threat of force. This act, to-wit: Rape, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2907.02(A)(2) and against the peace and dignity of the State of Ohio. COUNT 9 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, have a deadly weapon, as defined in section 2923.11 of the Revised Code, on or about his person or under his control, to-wit: a knife, and did display the weapon, brandish it, indicate that he possessed it, or used said weapon. This act, to-wit: Aggravated Robbery, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2911.01(A)(1) and against the peace and dignity of the State of Ohio.

Indictment - Page 8 of 9 Page(s)

COUNT 10 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS did, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, recklessly inflict, or attempt to inflict, serious physical harm on Ann Marie McSween. This act, to-wit: Aggravated Robbery, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29 2911.01(A)(3) and against the peace and dignity of the State of Ohio. COUNT 11 On or about the 26th day of November, 2010, in the City of Mentor-on-the-Lake, Lake County, State of Ohio, one JOSEPH L. THOMAS, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, did alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation. This act, to-wit: Tampering With Evidence, constitutes a Felony of the Third degree, contrary to and in violation of the Ohio Revised Code, Title 29 2921.12(A)(1) and against the peace and dignity of the State of Ohio.

_________________________________ PROSECUTING ATTORNEY

A TRUE BILL
This Bill of Indictment found upon testimony sworn and sent before the Grand Jury at the request of the Prosecuting Attorney. I certify this to be a full, true and correct copy of the original indictment, with the endorsements thereon, now on file in my office.

_____________________________________ GRAND JURY-FOREPERSON/DEPUTY

___________________________________ DEPUTY Maureen G. Kelly, CLERK OF COURTS CFC/dmr September 6, 2011 (0014700)

Indictment - Page 9 of 9 Page(s)