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| Defense Challenges Verdicts in Brenda Roth Case By: Nick Altmire 03/17/17 12:15pm |
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the Honorable John W. Crandall presiding. Ms. Roth was convicted of second- degree Manslaughter, Criminally Negligent Homicide,Tampering With Evidence, and Endangering the Welfare of a Child at the conclusion of a bench trial on January 26, in connection to the December, 2014 death of 15-year-old Derek Holton. Most of today's activity took place in a closed-door attorney conference with Judge Crandall. After returning to open court, Judge Crandall acknowledged a motion filed by the defense on February 24th, and responses filed by the prosecution on March 10 and the defense on March 16. The prosecution requested time to file a written response to the defense response received yesterday. Judge Crandall gave the prosecution until March 22 to file a response. The motions have yet to be entered into the public record of the case file. According to defense attorney Gary Miles, the defense is asking for the verdict to be thrown out in its entirety with a new trial to follow. "Our position is that Judge Crandall convicted Ms. Roth of two modes of homicide, by finding her guilty of both second-degree Manslaughter and Criminally Negligent Homicide," Mr. Miles said after the hearing, explaining the manslaughter charge indicates recklessness while the criminally negligent homicide charge indicates negligence, stating "you can't have two different states of mind for one homicide." The defense is also challenging the Tampering With Evidence charge, Mr. Miles said, on the basis that only marijuana smoking materials were directed to be thrown out, which had no direct impact in Mr. Holton's death. "Our intention is to get the guilty verdict on all four counts thrown out and start again at square one," Mr. Miles said. Assistant District Attorney Mark Lemieux confirmed that the defense motion regards the dismissal of the guilty verdicts handed down against Ms. Roth. "We are obviously in opposition to the motion," Mr. Lemieux stated when asked about the case by phone. Mr. Lemieux didn't want to speak in detail until his final response to the motion is filed with the court and a decision has been reached. Ms. Roth is scheduled to receive sentencing on the convictions on March 31st. Judge Crandall is expected to rule on the motion on that date, prior to any sentencing, Mr. Miles said. |
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