A state appeals court has overturned the murder conviction of Joshua Mounts in the 2018 death of his infant son.
The court ruled that Mounts received ineffective legal counsel during both his trial and initial appeal. He had been serving a sentence of 15 years to life in prison.
A state appeals court vacated the conviction of a Sharonville man serving time in connection with his infant son’s death.
The 1st District Court of Appeals issued its decision on April 22, stating that Joshua Mounts received ineffective assistance from both his trial attorney and the lawyer who handled his appeal.
In a unanimous 3-0 ruling, the court ordered a new trial.
Mounts was convicted in 2021 of felony murder but was acquitted of aggravated murder in the death of his 7-month-old son, Jayce Fitzhugh.
Jayce died in 2018 from severe brain injuries that prosecutors said Mounts caused. His defense argued the injuries may have been weeks old and possibly linked to prior medical issues, including episodes where the child stopped breathing.
Both sides presented expert testimony offering conflicting explanations of how and why Jayce died.
What happened to Jayce Fitzhugh?
Mounts, now 35, was caring for Jayce alone when the child was found unresponsive on the morning of Jan. 25, 2018.
Mounts and Jayce’s mother, Kayla Fitzhugh, did not live together but saw each other regularly, according to testimony. Fitzhugh, who lived with her grandparents, said she was the child’s primary caregiver, while Mounts lived with his parents.
On Jan. 24, Fitzhugh brought Jayce to Mounts’ home. Testimony states that the two ran errands together and later went to a location where Mounts purchased unspecified drugs.
They returned to Mounts’ home, and Fitzhugh said she left around 11 p.m. due to a morning appointment.
Mounts told police that Jayce slept in his bed, placed between a wall and a pillow positioned to prevent him from falling.
He said the baby slept through the night and woke up crying for food. After preparing a bottle, Mounts said he found Jayce not breathing.
Jayce was taken to Cincinnati Children’s Hospital, where he later died.
Expert testified without submitting report
One of the prosecution’s expert witnesses was a doctor who leads the hospital’s Mayerson Center, which handles child abuse consultations. Dr. Kathi Makoroff testified that Jayce’s injuries were consistent with abuse.
The appeals court found that Makoroff testified without submitting a required expert report.
Ohio law requires expert witnesses to provide written summaries of their conclusions to prevent unfair surprise and allow the defense to respond.
The court said Mounts’ attorney failed to object to the testimony, which introduced a previously undisclosed expert opinion on a key issue, falling below reasonable legal standards.
Mounts’ trial attorney, Kip Guinan, now heads the Hamilton County Prosecutor’s Office criminal division. He was not available for comment.
Hamilton County Prosecutor Connie Pillich said her office is reviewing the court’s decision and considering next steps.
Differing conclusions
The appeals court also found that Guinan did not adequately challenge the prosecution’s objections to one of the defense’s expert witnesses.
A key issue in the case was determining when Jayce suffered a skull fracture and brain bleeding, which required microscopic analysis of brain tissue slides.
Dr. Andrea Wiens, a forensic neuropathologist initially hired by prosecutors but later called by the defense, testified that the injury occurred weeks before Jayce’s death and showed signs of healing.
Her conclusion relied on reviewing a recut slide provided by another witness. Prosecutors questioned her credibility, arguing she had not reviewed the original slide.
During a trial break, Wiens examined the original slide and confirmed it did not change her opinion. However, prosecutors objected to her testifying about it because it was not included in her report.
According to the court, the judge suggested updating the report, but Guinan chose to abandon that line of questioning.
The appeals court ruled that this decision fell below reasonable legal standards.
The court also stated that if Mounts’ appellate attorney had raised ineffective counsel in the original appeal, the conviction would have been overturned earlier.
The 1st District Court of Appeals had initially upheld the conviction in 2023 but later allowed Mounts to reopen the appeal based on ineffective assistance of counsel and raise new issues.
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