The death-penalty case of a man accused of murdering two Westerville Division of Police officers could be the first in Ohio to allow jurors to hear victim-impact statements if they reach the point of recommending a sentence of life or death.

Attorneys for Quentin L. Smith, 32, had filed a motion asking that such statements be prohibited.

But a Franklin County judge on April 19 agreed with prosecutors who argued that victims have a right to address the jury during the sentencing phase under Marsy's Law, a constitutional amendment by Ohio voters approved in November 2017.

Common Pleas Judge Richard A. Frye said he thinks such statements must be allowed under provisions of the victim’s-rights law.

Prosecutor Ron O’Brien called the ruling “a sea change” in what the state can present to jurors in advocating for a death sentence.

Smith’s attorneys, Frederick Benton and Diane Menashe, declined to comment.

Both sides agreed that it’s the first time the issue has been raised in a death-penalty case since Marsy’s Law went into effect in February 2018.

Jury selection in Smith’s trial is scheduled to begin Oct. 11.

Smith is charged with killing Westerville police officers Eric Joering and Anthony Morelli on Feb. 10, 2018, in an exchange of gunfire as they entered his townhouse in the 300 block of Cross Wind Drive to investigate a 911 hangup call from his wife over a domestic dispute.

If jurors convict Smith of aggravated murder and find he purposely killed one or both officers, he would be eligible for the death penalty. Jurors then would enter a second phase during which the defense would present what is known as mitigating evidence in an effort to persuade them to spare Smith’s life.

Under Frye’s ruling, the jury also would hear testimony from the victims' family members about how the crime has affected them.

“Right now, juries only hear ‘woe-is-me’ about the defendant and his bad childhood and his drug or alcohol problems and never hear about the terrible impact of the crime on the victim’s family,” O’Brien said.

jfutty@dispatch.com

@johnfutty