Post by Anja on Jun 3, 2006 21:58:49 GMT -5
Judge won't let Gauvin trial be delayed
The judge in the criminal trial involving the beating death of 4-year-old
Aiyana Gauvin has no intention of delaying the trial past September.
"This court has set aside a month of its time for this trial and has set
aside other matters for it," Judge Thomas Busch of Tippecanoe Superior
Court 2 told attorneys during a status conference Friday.
Aiyana's stepmother, Michelle Gauvin, 34, is charged with murder, and
prosecutors are seeking the death penalty. Aiyana's father, Christian
Gauvin, 34, is charged with neglect of a dependent and could face up to 50
years in prison.
They are scheduled to be tried together in a trial expected to last 3
weeks, starting Sept. 18.
Aiyana died in her home March 16, 2005, from blunt force trauma to the
head after what police suspect was months of abuse. The case sparked
community outrage, led to a shakeup in the Tippecanoe County child
protection office and prompted a series of public forums about how to
improve the status of children in the community.
Hotel reservations have been made for the sequestered jurors for the
September trial, and a LaPorte County court has arranged to call 200
prospective jurors for jury selection. Jurors selected will be brought to
Lafayette for the trial.
"I want to be on record to say that this case is not going to be
continued," Busch told lawyers. "This case will go to trial on Sept. 18."
The comments were in response to reports by defense attorneys that they
still have many depositions to take and a lot of investigation yet to do.
Prosecutors and defense attorneys were supposed to submit a list of
witnesses by Friday that the judge plans to include in a juror
questionnaire that he hopes to mail to prospective jurors by July 1.
None of the parties met the deadline.
"It's very difficult to say at this time what a finite list of witnesses
will be," Christian Gauvin's attorney, Patrick Manahan, said.
He said some depositions have prompted the need to do more investigation.
And some investigation must be done before certain depositions can be
taken.
Busch said that's not surprising, and it's not a reason to delay the
trial.
"New witnesses will be discovered every day. The more digging you do, the
more dirt you will find," he said. "At some point, you have to stop
sifting and start molding."
After the hearing, Manahan and Michelle Gauvin's lead attorney, Tom
O'Brien, both said they haven't ruled out the possibility of filing a
motion to reschedule the trial.
"It depends on how the deposition schedule and our investigation go,"
O'Brien said.
"We understand the need for the system to go forward, but our primary
consideration is that our clients get a fair trial," Manahan said.
O'Brien said he planned to file a request with the court to hire
additional investigative help. Busch said he was willing to approve such a
request to keep the case on schedule.
(source: Journal & Courier)
The judge in the criminal trial involving the beating death of 4-year-old
Aiyana Gauvin has no intention of delaying the trial past September.
"This court has set aside a month of its time for this trial and has set
aside other matters for it," Judge Thomas Busch of Tippecanoe Superior
Court 2 told attorneys during a status conference Friday.
Aiyana's stepmother, Michelle Gauvin, 34, is charged with murder, and
prosecutors are seeking the death penalty. Aiyana's father, Christian
Gauvin, 34, is charged with neglect of a dependent and could face up to 50
years in prison.
They are scheduled to be tried together in a trial expected to last 3
weeks, starting Sept. 18.
Aiyana died in her home March 16, 2005, from blunt force trauma to the
head after what police suspect was months of abuse. The case sparked
community outrage, led to a shakeup in the Tippecanoe County child
protection office and prompted a series of public forums about how to
improve the status of children in the community.
Hotel reservations have been made for the sequestered jurors for the
September trial, and a LaPorte County court has arranged to call 200
prospective jurors for jury selection. Jurors selected will be brought to
Lafayette for the trial.
"I want to be on record to say that this case is not going to be
continued," Busch told lawyers. "This case will go to trial on Sept. 18."
The comments were in response to reports by defense attorneys that they
still have many depositions to take and a lot of investigation yet to do.
Prosecutors and defense attorneys were supposed to submit a list of
witnesses by Friday that the judge plans to include in a juror
questionnaire that he hopes to mail to prospective jurors by July 1.
None of the parties met the deadline.
"It's very difficult to say at this time what a finite list of witnesses
will be," Christian Gauvin's attorney, Patrick Manahan, said.
He said some depositions have prompted the need to do more investigation.
And some investigation must be done before certain depositions can be
taken.
Busch said that's not surprising, and it's not a reason to delay the
trial.
"New witnesses will be discovered every day. The more digging you do, the
more dirt you will find," he said. "At some point, you have to stop
sifting and start molding."
After the hearing, Manahan and Michelle Gauvin's lead attorney, Tom
O'Brien, both said they haven't ruled out the possibility of filing a
motion to reschedule the trial.
"It depends on how the deposition schedule and our investigation go,"
O'Brien said.
"We understand the need for the system to go forward, but our primary
consideration is that our clients get a fair trial," Manahan said.
O'Brien said he planned to file a request with the court to hire
additional investigative help. Busch said he was willing to approve such a
request to keep the case on schedule.
(source: Journal & Courier)