Johnson, Ritze cases headed to Highland County Grand Jury
Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Judge David McKenna bound over the cases of both Nathan Ritze and Whitney Johnson for presentation to a Highland County grand jury during a preliminary hearing in Hillsboro Municipal Court Thursday morning.
Both Ritze, 25, and Johnson, 26, are being charged with abuse of a corpse, a felony of the fifth degree, and tampering with evidence, a felony of the third degree, in a case involving Johnson's infant son being buried on a Diven Road property.
The third-degree felony charge stems from December 2012, when, during a law enforcement investigation, they allegedly did "alter, destroy, conceal or remove" evidence. The charge carries a penitentiary sentence of up to 36 months.
The fifth-degree felony charge also stems from Dec. 19, 2012, as the suspects are charged with treating "a human corpse in a way that would outrage reasonable community sensibilities." The charge can carry a penitentiary sentence of up to 12 months.
Highland County Prosecutor Anneka Collins told Judge David McKenna that the state requested separate trials for Johnson and Ritze "for evidentiary issues that may arise."
Officer Todd Whited of the Hillsboro Police Department served as the sole witness for the state for both Johnson and Ritze.
Through testimony in Johnson's hearing, Whited stated that he met with the property owners at the Diven Road location where the body was found. The infant's body was found wrapped in a blanket and buried under dirt. He testified that Johnson identified the body as that of her son, who was "two days shy of 1 year old."
Whited stated that neither Johnson nor Ritze contacted law enforcement regarding the child's death, nor did they ask anyone to come to the residence. Whited stated that the couple moved out of the house a short time after the infant's death.
Through cross-examination, Conrad Curren, legal counsel for Johnson, asked Whited about the identification of the child's body.
"Did she see the body?" Curren asked.
"No," Whited said.
"Did you show her a picture?" Curren asked.
"No," Whited said.
"Do you have a birth certificate?" Curren asked.
"No," Whited said.
"Do you have a death certificate?" Curren asked.
"Not yet," Whited said.
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Curren also asked Whited if a formal investigation had been conducted in December 2012. Whited said there was not. Collins asked Whited if there would have been an investigation had the incident been reported in December, and Whited said yes, it would have been investigated.
Collins stated that "the evidence is clear" in her closing arguments.
"As to the abuse of a corpse, the fact that they took this child who was less than a year old out into the woods and buried him outrages the sensibilities of anyone who has to see it and/or hear about it," Collins said. "Additionally, as the officer said, any time there is a deceased child, an investigation would have been instituted. They tampered with evidence knowing that."
"It seems to me we're missing something here," Curren told Judge McKenna. "There is no investigation going on.
"We don't have a death certificate. How do you prove someone's dead to the courts? You have a death certificate. We don't have one. My motion would be that we dismiss this case."
"The child was identified by his mother," Judge McKenna said. "I don't have to have a death certificate to have probable cause for a 1-year-old baby in the ground for six months."
Judge McKenna upheld the bond for Johnson at $100,000.
During testimony in Ritze's trial, Whited stated that after interviews with Johnson and Ritze at the Richmond, Ky. Police Department, the Hillsboro Police Department was told to check the property at Diven Road. Whited testified that Johnson provided a hand-drawn map to law enforcement to assist them in finding the child's body.
"They awoke in the early morning hours," Whited said. "They went in to check on him, and found him unresponsive.
"Ritze said he attempted CPR, but found it was too late, so they took [the infant] out to Diven Road and buried him."
Whited said that the defendants believed that they buried the child around 5 or 6 a.m. on Dec. 19.
Whited said that Ritze also confirmed the baby's identity.
Judge McKenna stated that the court viewed both cases "in the light favorable to the prosecution" and bound both cases over to the Highland County Grand Jury.
Judge McKenna also upheld the bond for Ritze at $100,000.
Both Ritze, 25, and Johnson, 26, are being charged with abuse of a corpse, a felony of the fifth degree, and tampering with evidence, a felony of the third degree, in a case involving Johnson's infant son being buried on a Diven Road property.
The third-degree felony charge stems from December 2012, when, during a law enforcement investigation, they allegedly did "alter, destroy, conceal or remove" evidence. The charge carries a penitentiary sentence of up to 36 months.
The fifth-degree felony charge also stems from Dec. 19, 2012, as the suspects are charged with treating "a human corpse in a way that would outrage reasonable community sensibilities." The charge can carry a penitentiary sentence of up to 12 months.
Highland County Prosecutor Anneka Collins told Judge David McKenna that the state requested separate trials for Johnson and Ritze "for evidentiary issues that may arise."
Officer Todd Whited of the Hillsboro Police Department served as the sole witness for the state for both Johnson and Ritze.
Through testimony in Johnson's hearing, Whited stated that he met with the property owners at the Diven Road location where the body was found. The infant's body was found wrapped in a blanket and buried under dirt. He testified that Johnson identified the body as that of her son, who was "two days shy of 1 year old."
Whited stated that neither Johnson nor Ritze contacted law enforcement regarding the child's death, nor did they ask anyone to come to the residence. Whited stated that the couple moved out of the house a short time after the infant's death.
Through cross-examination, Conrad Curren, legal counsel for Johnson, asked Whited about the identification of the child's body.
"Did she see the body?" Curren asked.
"No," Whited said.
"Did you show her a picture?" Curren asked.
"No," Whited said.
"Do you have a birth certificate?" Curren asked.
"No," Whited said.
"Do you have a death certificate?" Curren asked.
"Not yet," Whited said.
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Curren also asked Whited if a formal investigation had been conducted in December 2012. Whited said there was not. Collins asked Whited if there would have been an investigation had the incident been reported in December, and Whited said yes, it would have been investigated.
Collins stated that "the evidence is clear" in her closing arguments.
"As to the abuse of a corpse, the fact that they took this child who was less than a year old out into the woods and buried him outrages the sensibilities of anyone who has to see it and/or hear about it," Collins said. "Additionally, as the officer said, any time there is a deceased child, an investigation would have been instituted. They tampered with evidence knowing that."
"It seems to me we're missing something here," Curren told Judge McKenna. "There is no investigation going on.
"We don't have a death certificate. How do you prove someone's dead to the courts? You have a death certificate. We don't have one. My motion would be that we dismiss this case."
"The child was identified by his mother," Judge McKenna said. "I don't have to have a death certificate to have probable cause for a 1-year-old baby in the ground for six months."
Judge McKenna upheld the bond for Johnson at $100,000.
During testimony in Ritze's trial, Whited stated that after interviews with Johnson and Ritze at the Richmond, Ky. Police Department, the Hillsboro Police Department was told to check the property at Diven Road. Whited testified that Johnson provided a hand-drawn map to law enforcement to assist them in finding the child's body.
"They awoke in the early morning hours," Whited said. "They went in to check on him, and found him unresponsive.
"Ritze said he attempted CPR, but found it was too late, so they took [the infant] out to Diven Road and buried him."
Whited said that the defendants believed that they buried the child around 5 or 6 a.m. on Dec. 19.
Whited said that Ritze also confirmed the baby's identity.
Judge McKenna stated that the court viewed both cases "in the light favorable to the prosecution" and bound both cases over to the Highland County Grand Jury.
Judge McKenna also upheld the bond for Ritze at $100,000.