FILE - In this Oct. 31, 2013 file photo, Michael Madison is led into court in Cleveland for his arraignment on updated charges that include aggravated murder. Madison is accused of killing three women whose bodies were found wrapped in plastic in East Cleveland, Ohio. The prosecutor in the case wants the judge to allow the death penalty as an option, and filed a response on Wednesday, Jan. 8, 2014, to a defense motion, defending Ohio's death penalty as constitutional. The defense argued in an earlier filing that the death penalty in Ohio is imposed in an arbitrary and discriminatory manger. (AP Photo/Mark Duncan, File)