05-05-2012, 01:43 AM
(05-05-2012, 01:28 AM)Older Than Dirt Wrote: http://www.toledoblade.com/Courts/2012/0...ought.html
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A request was filed Friday to postpone the June 4 trial date of a man charged in a capital murder case in the asphyxiation deaths of a Springfield Township couple.
The Lucas County Prosecutor's Office filed a motion to continue the trial for Samuel Williams until July. Williams, 24, of 1626 Kelsey Ave. is charged with two counts each of aggravated murder and of kidnapping and one count of aggravated burglary in the 2011 deaths. He faces the death penalty if convicted.
No hearing has been set to argue the request for a new date.
In a six-page motion, the prosecutor's office requested a new trial date "because defendant had not provided any discovery to the state."
Acknowledging that defense information is required only 21 days before trial, the motion stated that a continuance was still necessary "in order to permit the state adequate time to analyze the reports and if necessary to locate and retain experts."
The continuance request prompted an immediate written response from the defense, which noted that for a May 29 trial date, information was not due to the state until May 8.
It further stated that the state's motion attempted to blame the defense for what was the state's desire to have more time.
"The state probably needs additional time in its pursuit of the truth and justice -- not only in this case … but regarding other possible suspects who have not been formally charged at this time," attorney John Thebes wrote in the response. "That is, indeed, an honorable goal. However, to point the finger of blame at the defense for this continuance is a less than honorable act."
Citing a gag order, attorneys for both sides could not comment on the filings.
Williams is charged with the Jan. 31, 2011, slayings of Johnny Clarke, 21, and Lisa Straub, 20, who were found dead in the Longacre Lane home of Miss Straub's parents.
Autopsies showed that both victims died of asphyxiation. Their wrists had been bound with duct tape, and plastic bags were taped around their necks. Clarke's ankles also had been bound.
Also charged is Cameo Pettaway, 22, of 133 Essex St., who also faces the death penalty. Mr. Pettaway has a trial date before Judge James Bates on May 29.
The slayings have aroused emotions.
Last month, an incident involving Clarke's mother, Maytee Vazquez-Clarke, led to an order banning her from the proceedings in the Pettaway case.
In an order signed April 24, Judge Bates wrote that an April 20 incident in which Ms. Clark was reported to be "vulgar and uncivilized"
led to his decision to ban her from proceedings in his courtroom."It appears that Maytee Clark cannot conduct herself with any self control and could cause problems during the course of this trial," the judge wrote. "All family members were previously warned concerning this conduct while in the courthouse."
According to a report of the afternoon incident, Ms. Clark became confrontational with three people who were at the courthouse but not associated with the case.
She also became belligerent with the prosecutor's office's victim witness assistance staff.