From Ashley Berger’s appeal: On April 27, 2005, Appellant Ashley Berger, who was pregnant at the time, stabbed Vanessa McMorick and her sister Christina Barkley, causing McMorick’s death and Barkley injury, while the two victims attacked Berger on the porch of her own home after McMorick threatened to “stomp or kick” Berger’s unborn child from her body. This occurred while other members of the Barkley family attacked and beat members of Berger’s family in Berger’s own front yard during a racially motivated confrontation between neighbors initiated by Barkley’s family.
At trial, Berger raised the affirmative defense of self-defense. However, the Cuyahoga County Common Pleas Court erroneously refused to permit testimony of McMorick’s statements threatening to “stomp or kick” Berger’s unborn child from her body. The Trial Court, on
numerous occasions in response to objection, ruled that the statements of McMorick’s threats to Berger constituted hearsay and effectively instructed the jury to disregard that testimony. The Trial Court further refused to instruct the jury that Berger had no duty to retreat from her own porch or from the defense of her family. Thereafter, Berger was convicted of voluntary manslaughter, involuntary manslaughter and aggravated assault.
Stabbing Victim’s Family Says 911 Hung Up On Them
State of Ohio v Ashley Berger 2006
State of Ohio v Ashley Berger 2007
Movies/Documentaries
Fear Thy Neighbor: Fatal Family Feud
INMATE INFORMTION
ASHLEY BERGER
Number: W062940
DOB: 12/06/1974
Gender: Female
Race: Black
Admission Date: 12/28/2005
Institution: Ohio Reformatory for Women
Status: APA SUPERVISION
Zip Code: 44137
Residential County: Cuyahoga
Offense Information
VOL MANSLAUGHTER Counts: 1 ORC: 2903.03 4
Committing County: Cuyahoga Admission Date: 12/28/2005 Degree of Felony: First
AGG ASSAULT Counts: 1 ORC: 2903.12 4
Committing County: Cuyahoga Admission Date: 12/28/2005 Degree of Felony: Fourth
Sentence Information
Stated Prison Term: 5 years
Expiration Stated Term: 09/26/2010
Actual Release Date: 09/26/2010
Post Release Control Information
Supervision Start Date: 09/26/2010
Period of Supervision: 5 years
APA Office: CLEVELAND 2
Transitional Control Information
Next Parole Board Hearing/Review Month: January, 2010
Latest Parole Board Hearing/Review Type & Results: TC REVIEW/TC DENIED
