'No support' for insanity plea in Ritze case
Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Nathan Ritze appeared before Highland County Common Pleas Court Judge Rocky Coss Thursday afternoon for a hearing on a psychiatric evaluation and a motion for preservation of evidence.
As previously reported in The Highland County Press, Ritze and Whitney Johnson were both indicted on charges of murder in a five-count indictment issued by a Highland County grand jury Tuesday, Aug. 6.
In separate indictments, Ritze and Johnson were each charged with murder, an unclassified felony; involuntary manslaughter, a felony of the first degree; child endangering, a felony of the third degree; tampering with evidence, a felony of the third degree; and abuse of a corpse, a felony of the fifth degree.
Ritze, 25, and Johnson, 26, had previously been 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 court received the evaluation performed by psychologist Dr. Marciani on Sept. 13, which, according to Coss, states that Ritze is "within a reasonable certainty not mentally ill and is capable of understanding the proceedings."
"The report indicated that there was not support for the not guilty by reason of insanity plea," Coss said.
Hillsboro attorney J.D. Wagoner, counsel for Ritze, filed a motion for preservation of evidence on Monday.
"I'm not sure what he wants, exactly," Highland County Prosecutor Anneka Collins said. "The victim's been buried. I don't know what he wants."
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Wagoner explained that he has contacted two separate pathologists for quotes to further examine the autopsy report. Wagoner said that he was not given photos from the autopsy.
"According to the report, the cause of death is undetermined," Wagoner said. "I'm asking for another set of eyes for the defense team to look at that autopsy."
Coss asked if the report indicated "that things are being retained."
"They forwarded it all to BCI, and BCI forwarded it all to the HPD," Collins said. "From what we can tell from the paperwork, the only thing that would be there now would be a femur bone."
"There's a femur bone in possession of the police department?" Coss asked.
"Yes," Collins said.
"What anybody has in their possession should be preserved," Coss said.
Coss said that would include "any and all forensic evidence associated with the autopsy of the alleged victim that was retained by the coroner, by pathologists or law enforcement, which is still in existence as of today."
"Does that include the photographs of the autopsy?" Wagoner asked.
"I'm not sure that photographs qualify as forensic evidence, under the scientific definition. It is evidence," Coss said. "I can put in there 'including photographs.'"
Coss scheduled a pretrial date for Nov. 6 at 10 a.m.; a final pretrial Nov. 20 at 10 a.m.; and a trial date of Dec. 9 at 8 a.m.
As previously reported in The Highland County Press, Ritze and Whitney Johnson were both indicted on charges of murder in a five-count indictment issued by a Highland County grand jury Tuesday, Aug. 6.
In separate indictments, Ritze and Johnson were each charged with murder, an unclassified felony; involuntary manslaughter, a felony of the first degree; child endangering, a felony of the third degree; tampering with evidence, a felony of the third degree; and abuse of a corpse, a felony of the fifth degree.
Ritze, 25, and Johnson, 26, had previously been 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 court received the evaluation performed by psychologist Dr. Marciani on Sept. 13, which, according to Coss, states that Ritze is "within a reasonable certainty not mentally ill and is capable of understanding the proceedings."
"The report indicated that there was not support for the not guilty by reason of insanity plea," Coss said.
Hillsboro attorney J.D. Wagoner, counsel for Ritze, filed a motion for preservation of evidence on Monday.
"I'm not sure what he wants, exactly," Highland County Prosecutor Anneka Collins said. "The victim's been buried. I don't know what he wants."
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Wagoner explained that he has contacted two separate pathologists for quotes to further examine the autopsy report. Wagoner said that he was not given photos from the autopsy.
"According to the report, the cause of death is undetermined," Wagoner said. "I'm asking for another set of eyes for the defense team to look at that autopsy."
Coss asked if the report indicated "that things are being retained."
"They forwarded it all to BCI, and BCI forwarded it all to the HPD," Collins said. "From what we can tell from the paperwork, the only thing that would be there now would be a femur bone."
"There's a femur bone in possession of the police department?" Coss asked.
"Yes," Collins said.
"What anybody has in their possession should be preserved," Coss said.
Coss said that would include "any and all forensic evidence associated with the autopsy of the alleged victim that was retained by the coroner, by pathologists or law enforcement, which is still in existence as of today."
"Does that include the photographs of the autopsy?" Wagoner asked.
"I'm not sure that photographs qualify as forensic evidence, under the scientific definition. It is evidence," Coss said. "I can put in there 'including photographs.'"
Coss scheduled a pretrial date for Nov. 6 at 10 a.m.; a final pretrial Nov. 20 at 10 a.m.; and a trial date of Dec. 9 at 8 a.m.