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Judge reschedules Tri-State Crematory hearing |
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Written by DeadGirl
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Saturday, 23 October 2004 |
Law clerk: Decision not connected to possible deal talks
10/20/04
By Eric Beavers
A hearing to review conditions of jury sequestration in the Tri-State Crematory case was moved to Nov. 19.
Superior Court Judge James Bodiford last week postponed the hearing originally scheduled for Oct. 19. Bodiford was appointed to preside over the prosecution of Brent Marsh after local judges disqualified themselves from hearing the case.
The delay is not related to an alleged plea bargain in the case, but because the state Supreme Court agreed to hear an appeal by Marsh defense attorney McCracken “Ken†Poston, Bodiford’s law clerk Leanne Dolin said.
On Oct. 12, the Supreme Court granted an appeal to review a number of pre-trial issues related to Marsh’s indictment for burial service fraud. Poston seeks to dismiss 561 felony charges against Marsh.
In a ruling last week, Bodiford also continued the trial date until further notice.
The Atlanta Journal-Constitution last week reported that Poston and prosecutors are discussing a deal in which former crematory operator Marsh would be sentenced to 75 years, to serve 12 in prison, and be eligible for parole after 4 years and four months.
Marsh faces 787 felony counts, including 122 counts of burial service fraud, 439 counts of theft by taking, 179 felony counts of abuse of a body and 47 counts of making false statements. All charges stemming from the discovery of 334 uncremated decaying bodies at Tri-State Crematory in the Noble community in February 2002.
Deal talks not confirmed
Officials have said they can only estimate the trial’s cost, which would depend on its duration, number of expert witnesses consulted and other factors. Estimates have ranged between $500,000 to $1 million.
“If they do settle, the cost of the trial would be avoided,†County Coordinator David Ashburn said, adding he had not heard anything about a proposed deal.
Poston on Thursday strongly denied speculation he leaked information about a possible plea bargain in the criminal case.
“I was not the source, and even my client was upset that the story ran (in the Atlanta Journal-Constitution),†said Poston, whose law office is in Ringgold.
Poston said he could not comment further on the case, which has a gag order prohibiting officials from speaking in detail.
Walker County officials, including Commissioner Bebe Heiskell, last week could not confirm the news report.
Other officials, including Sheriff Steve Wilson and Lookout Mountain Judicial Circuit District Attorney Herbert “Buzz†Franklin, said they could not comment on the case because of the gag order.
Walker County Clerk of Court Bill McDaniel said even if a deal is on the table, the judge may arbitrarily refuse to accept it and force a trial.
“He (the judge) will make the decision on what to do,†McDaniel said. “It’s his call.â€
Length of sentence
Rossville resident Pat Bynum was upset Thursday by the possibility of a plea bargain.
“I realize this will save taxpayer dollars,†Bynum said, “but I would have preferred he be sentenced and work to pay restitution for the charges incurred — enough time in a place where he was allowed to work and his money go toward the charges incurred and stay until all charges were reimbursed.
“The damage he has done to families can never be repaid,†she said. “I had no family there, but I woke up nights thinking about my son that died, and I would have to tell myself I knew for sure he was not there. I can’t imagine how the ones who did have family there felt. This is not what I call justice. Let’s all remember to pray for the families involved.â€
State Rep. Mike Snow, D-Chickamauga, said Marsh would have to make a statement in court as a condition of a plea agreement.
“Given the pain that he’s caused families, I think this is not a harsh enough sentence,†Snow said.
Learning the facts
LaFayette resident Leatha Shropshire was upset.
“I don’t want to see him do less than 20 years,†she said.
Shropshire said she wants the case to go to trial so the victims might find some relief in the proceedings.
“The families need some more information, and I’m not sure we’re going to get it any other way,†Shropshire said. “I don’t believe a lot of them know the whole story.â€
Shropshire said the truth about how corpses may have been abused needs to come to light.
“There was some good information that came out down there (in federal court in Rome during the civil case),†Shropshire said. “You think the worst, but I don’t think anything we could imagine is as bad as it really was.â€
Shropshire contends LaShea, Clara and probably Marsh’s wife, Venessa, knew what was happening at the crematory.
LaFayette certified public accountant Tim Mason also said a trial would be the only chance to learn new information about what happened to his mother’s remains.
Mason said he would probably never know what happened to his mother. Mason’s father was also sent to the crematory and was one of the first bodies recovered during the investigation.
“We all want to know why in the world he (Marsh) did this,†Mason said. “Everybody wants to know that.â€
The Marsh family and Mason have a long history together, he said. Mason worked in the postal service with Marsh’s father, Ray. Marsh’s grandfather shared a room with one of Mason’s relatives at a nursing home. Mason often saw Marsh and his sister at the facility.
http://news.mywebpal.com/news_tool_v2.cfm?show=localnews&pnpID=730&NewsID=582519&CategoryID=3511&on=0 |
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