COLUMBUS -- The Ohio SupremeCourt ruled Wednesday that it won't accept the appeal for review of Dr. Yazeed Essa.
On May 31,Ohio's 8th District Court of Appeals confirmedEssa's conviction and rejected his appealfor murdering his wife Rosemarie DiPuccio Essa, 38.
His attorneys then appealed to the Ohio Supreme Court. Essa, of Gates Mills,was sentenced to life with the possibility of parole in 20 years by Cuyahoga County Common PleasJudge Deena Calabrese on March 5, 2010.
Back in May 2011, Cuyahoga County Prosecutor Bill Mason said he doubted that the Ohio Supreme Court would accept the appeal.
Essa is now in the Ohio State Penitentiary in Youngstown and his first parole hearing can take place in November 2028. He was incarcerated on March 11, 2010.
Essa was convictedof lacing his wife's calcium supplement capsules with cyanide on Feb. 24,2005.
On that day, Rosemarie collapsed while driving and crashed her SUV into another vehicle in Highland Heights, a suburb adjacent to thecouple's Gates Mills home. She died,but not from her injuries.
Yazeed,a Detroit native whose family is from a Palestinian territory, was an emergency room doctor at Akron General Medical Center.
A few weeks after Rosemarie's death, Yazeed went to Detroit with friends and from there fled the country to Lebanon after police seized drug bottles at his home.
After nearly four years on the run, he was caught in Cyprus with a fake passport and eventuallybrought back to Cuyahoga County in January, 2009, after prosecutors took the death penalty off the table.
Prosecutors had indicted Yazeed on Feb. 7, 2006, and issued an arrest warrant.
Rosemarie's friend, Eva McGregor, provided key testimony at that trial. She told jurors that Rosemarie called her on the day she died and told her that her husband insisted she take the pill.
"He said, 'here, take your calcium', and she says, 'I took it, and now I don't know if that's what's making me sick,' " McGregor testified.
Essa's attorneys argued the testimony was improper hearsay because McGregor shouldn't have been allowed to testify as to what she heard from Rosemarie.
It is hearsay, but the court said the statement was admissible because it fit a legal exception that insured its, in the court's word, "trustworthiness."