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Plea bargain in crematory criminal case? |
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Written by DeadGirl
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Tuesday, 19 October 2004 |
10/14/04
Catherine Edgemon and Eric Beavers
Brent Marsh’s attorney on Thursday strongly denied speculation he leaked information about a possible plea bargain in the Tri-State Crematory criminal case.
"I was not the source, and even my client was upset that the story ran (in the Atlanta Journal-Constitution)," said McCracken “Ken†Poston of Ringgold.
The AJC on Wednesday reported that under the agreement, still in the discussion stage, 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.
Poston said he could not comment further on the case, which has a gag order prohibiting officials from speaking in detail.
Meanwhile Walker County officials Thursday could not confirm the news report. If a plea bargain is made, it could be overturned by the courts, according to the AJC article.
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 trialState Rep. Mike Snow of Chickamauga
. "He (the judge) will make the decision on what to do," McDaniel said. "It's his call."
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.
Officials have said they can oLeatha Shropshire
nly esitmate 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.
County Commissioner Bebe Heiskell said she could not confirm a deal.
On Tuesday, the Georgia 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.
"The Supreme Court decision certainly puts another factor in the equation that up to this point hadn't been considered," Walker County Attorney Don Oliver said. "If they were getting close (to making a deal), it may have caused everybody to reconsider."
Superior Court Judge James Bodiford on Thursday postponed a hearing originally scheduled for Oct. 19 to review jury sequestration. That hearing has been rescheduled for Nov. 19.
The delay is not related to the alleged plea bargain, but because the Supreme Court agreed to hear Poston's appeal, Bodiford's law clerk Leanne Dolin said. In a Wednesday ruling, Bodiford also continued the trial date until further notice.
To view all motions and rulings so far in the case, visit www.7jad.com.
A spokeswoman for Bodiford’s office on Thursday said she could not comment.
Lookout Mountain Judicial Circuit District Attorney Herbert “Buzz†on Thursday said he could not comment on the case.
Walker County Sheriff Steve Wilson said he could not confirm or deny the rumor of a deal in the Marsh case.
"I'm really not at liberty to discuss those types of issues," Wilson said. "That's not something my office would be involved in, and do not know the discussions that have taken place between Mr. Franklin and Mr. Poston."
Public reaction
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. "My heart and prayers still go to the families."
“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.
LaFayette resident Leatha Shropshire was upset.
"I've already called the district attorney's office and given them my opinion," Shropshire said. "I don't want to see him do less than 20 years. I also told him I would like to see his sister and mom do some time too.
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."
Shropshire said the truth about how corpses may have been abused needs to come to light. "I think it's worse than some people know," she said. "I wish more people would call and let the district attorney know they won't be happy with that (possible deal)."
"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."
"I think he deserves to do quite a bit of time," Shropshire said. "I think his mom (Clara) and sister (LaShea) ought to have to do time too."
Shropshire contends LaShea, Clara and probably Marsh's wife Venessa knew what was happening, or not 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.
"I've been to as many hearings as I could go to in both (civil and criminal court), and always learned some little detail I didn't know before," Mason said. "I still don't have a lot of the answers I want, and we're not going to get them if they do this."
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 did this," Mason said. "Everybody wants to know that."
Mason said someone recently asked him, "How can a mother sit there and let him take the whole blame?"
"I would expect Brent to take all the blame," Mason said. "That's the Brent I know."
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.
"They were there practically every day taking care of their grandfather," he said.
http://news.mywebpal.com/news_tool_v2.cfm?show=localnews&pnpID=730&NewsID=581158&CategoryID=3511&on=0 |
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