Johnny S. Clarke & Lisa Straub- young Ohio couple murdered

[Inspector Gary]

I dont' have enough information to say whether or not it applies is this case, but here'a a possible explanation.

In Ohio, felony cases are usually first brought in Municipal Court and the Magistrate or Judge is to determine whether or not there is probable cause to bind the defendants over to the Common Pleas Court. Frequently the Defendants waive preliminary hearing and their cases are routinely bound over.

However, defendants can force the Prosecutor to reveal some of its evidence against them by demanding a preliminary hearing wherein the Prosecutor tries to put on just enough evidence to show probable cause BUT the defense then gets to cross-examine the witnesses the Pros puts on the stand.

So in cases where the Pros doesn't want to show any of its hand in advance and let the defense cross-examine any witnesses at such an early stage, the Prosecutor goes across the street to the Grand Jury and gets a secret indictment against the defendants and then comes back to the Municipal Court and DISMISSES the cases it filed there, thus depriving the defendants of the opportunity to force the Pros to show its cards in a preliminary hearing in Mun Ct. In effect saying "Sorry fellas, see ya later."

That could be what happened here.

What happens next (in the case of a secret indictment)? Also, can additional charges be added at a later date or does the whole ball of wax have to be presented to the Grand Jury at that time?

If that is what happened here, then what happens next is that the defendants would be served with copies of the indictment and would appear in open court in the Common Pleas Court (where felony charges are handled); defendants would obtain counsel or counsel would be appointed for them if they are found to be indigent and then they would be arraigned and enter a plea (of not guilty) and the cases would be continued for further proceedings wherein various motions can be filed, plea bargaining can take place behind the scenes, etc. but ultimately resulting in a trial date months down the road.

Yes, additional charges can be added to the Indictment.

VERY INTERESTING!!

LC, what do you think about this info?