Post by SoulTrainOz on Jul 21, 2006 2:21:18 GMT -5
Brian C. Aduddell, who allegedly murdered his grandparents, Charles and Evelyn Evans, will not face the death sentence.
Instead of indicting on aggravated murder charges, a Stark County grand jury returned indictments on 2 counts of murder, said Stark County Prosecutor John Ferrero.
"He will not face the death penalty," Ferrero said. "The grand jury met yesterday (Tuesday) afternoon and applied the facts in the case and the law."
That means Aduddell will now be facing 15 years to life on each murder count.
Aduddell, 31, of 2091 Elyria Road, Wooster, moved back in with his grandparents the day before he allegedly murdered them. He confessed to investigators Sunday, after Findlay Police officers apprehended him.
Assistant Stark County prosecutor Jon Baumoel said Aduddell was initially charged with aggravated murder counts because there was some thought that he acted with prior calculation and design.
"In some jurisdictions, they call that pre-meditation," he said. "The grand jury determined there was insufficient evidence to show that. They acted solely on the facts."
Aduddell also could have faced an aggravated charge if he had committed another crime in connection with the murders, such as kidnapping, rape, robbery, burglary, escape, arson or an act of terrorism.
The original plan was not to have a grand jury directly indict Aduddell, Ferrero said, to buy more time for investigators to prepare the case and to make sure all the reports and tests were in.
"We talked with the Massillon Prosecutor and Police Department and all the reports were in," Ferrero said. "So we presented the case to the grand jury."
Ferrero said having a preliminary hearing in Massillon Municipal Court would have tipped the prosecutions hand to the defense.
Massillon Law Director Perry Stergios agreed.
At a preliminary hearing, the officers he made that confession to would be subject to cross examination, Stergios said.
"Rather than subject officers to cross examination now and then again at the Common Pleas level, officers will now be testifying in the court (Common Pleas) where the case will be decided."
The defense would get to hear the testimony twice, Stergios explained, and would have more time to find a flaw or a loophole.
"I'm sure a motion to suppress the confession will be made," he said. "That's a typical tactic in a case like this."
Jean Madden, attorney for Aduddell, said she hasn't seen the indictments yet, but said it's good news her client wont be facing the death penalty.
Beyond that, Madden said she has no knowledge of any confession.
"I don't know the specifics of what they have," she said. "He hasn't be arraigned yet, and until he is arraigned in Common Pleas Court there is no official case against him as far as we're concerned."
(source: Massillon Independent)
Instead of indicting on aggravated murder charges, a Stark County grand jury returned indictments on 2 counts of murder, said Stark County Prosecutor John Ferrero.
"He will not face the death penalty," Ferrero said. "The grand jury met yesterday (Tuesday) afternoon and applied the facts in the case and the law."
That means Aduddell will now be facing 15 years to life on each murder count.
Aduddell, 31, of 2091 Elyria Road, Wooster, moved back in with his grandparents the day before he allegedly murdered them. He confessed to investigators Sunday, after Findlay Police officers apprehended him.
Assistant Stark County prosecutor Jon Baumoel said Aduddell was initially charged with aggravated murder counts because there was some thought that he acted with prior calculation and design.
"In some jurisdictions, they call that pre-meditation," he said. "The grand jury determined there was insufficient evidence to show that. They acted solely on the facts."
Aduddell also could have faced an aggravated charge if he had committed another crime in connection with the murders, such as kidnapping, rape, robbery, burglary, escape, arson or an act of terrorism.
The original plan was not to have a grand jury directly indict Aduddell, Ferrero said, to buy more time for investigators to prepare the case and to make sure all the reports and tests were in.
"We talked with the Massillon Prosecutor and Police Department and all the reports were in," Ferrero said. "So we presented the case to the grand jury."
Ferrero said having a preliminary hearing in Massillon Municipal Court would have tipped the prosecutions hand to the defense.
Massillon Law Director Perry Stergios agreed.
At a preliminary hearing, the officers he made that confession to would be subject to cross examination, Stergios said.
"Rather than subject officers to cross examination now and then again at the Common Pleas level, officers will now be testifying in the court (Common Pleas) where the case will be decided."
The defense would get to hear the testimony twice, Stergios explained, and would have more time to find a flaw or a loophole.
"I'm sure a motion to suppress the confession will be made," he said. "That's a typical tactic in a case like this."
Jean Madden, attorney for Aduddell, said she hasn't seen the indictments yet, but said it's good news her client wont be facing the death penalty.
Beyond that, Madden said she has no knowledge of any confession.
"I don't know the specifics of what they have," she said. "He hasn't be arraigned yet, and until he is arraigned in Common Pleas Court there is no official case against him as far as we're concerned."
(source: Massillon Independent)