Judge bars death penalty in 9 Ohio fire deaths

CLEVELAND – A judge has ruled out the death penalty in the trial of an Ohio man for a 2005 fire that killed nine people, including eight children at a birthday sleepover.

Federal Judge Solomon Oliver in Cleveland said in a ruling late last week that 27-year-old Antun Lewis is mentally disabled and can't face the death penalty. His trial is scheduled to begin Jan. 5.

The defense has argued that Lewis' records show he had learning disabilities. His mother says he had nothing to do with the fire and was home when it began several blocks away.

Assistant U.S. Attorney David Sierleja (SER'-leh-jay) says no decision has been made on a possible appeal.