 The magistrate declined that motion, but the matter was referred to the Ohio Supreme Court's Disciplinary Counsel for possible ethics violations.Attorneys for the state argued in court briefs that Brewer had nothing to lose by making the claim to help Byrd avoid execution, since Brewer himself could not be retried for the crime and sentenced to death.Additionally, in the federal evidentiary hearing on Byrd's habeas corpus petition, the state presented evidence that Brewer repeatedly said Byrd was the actual killer.