Court: Coonrod competent to stand trial on capital murder charges
By
Brandy Chandler-brandychandler@gmail.com
Wesley Coonrod has been found competent to stand trial on capital murder charges.
Highland County Common Pleas Court Judge Rocky Coss told The Highland County Press that the result's of Coonrod's mental evaluation, which had been ordered by the court in June, "Came back that he was competent to stand trial."
If convicted, Coonrod could face the death penalty. He was indicted on two counts of aggravated murder in April after his two children were killed in a fire on Lafayette Street in Greenfield in early March.
Coss said that an evidentiary hearing on several motions that have recently been filed will be held Sept. 7
In a hearing held July 22, according to Coss, "There were a couple of motions, and a motion to suppress a search warrant, "Coss said. "I can't hear that motion because I signed the warrant."
Coss said that he will not preside over that hearing, but he will continue to preside on the remaining proceedings. He is currently attempting to locate a judge who is qualified to preside.
"I have to find someone who has attended the Supreme Court training on death penalty cases," Coss said. "I'm been looking for a judge in one of the adjoining counties."
Coonrod is scheduled to stand trial beginning Oct. 4 in Highland County Common Pleas Court.
According to the motion to suppress, Coonrod's attorneys William J. Mooney and Jerry L. McHenry, wrote, that the basis for the motion to suppress is because there was a lack of probable cause for the warrant. According to the motion, an investigator on the case, "Provided this court with an affidavit in support of a search warrant for Mr. Coonrod's residence. The affidavit included the fact that a fire took place on March 7, 2010 in Mr. Coonrod's home. However, it failed to provide a sufficient basis for a good-faith belief that the fire was incendiary. The affidavit stated only that the investigator observed upward and outward burn patterns in the hallway, but, 'there are no ignition sources within the area of origin.' At the time the affidavit was presented to this court ... a criminal investigation was premature and there was insufficient basis for a search warrant. There was nothing ... in the investigation that served as probable cause to believe that the fire was incendiary. Rather, the fire marshal's office treated 'incendiary' as a default position when the cause of the fire was not apparent ... There was nothing at the scene to prove that probable cause existed to support a search warrant for evidence of arson.'"
Additionally, the defense filed a motion in limine to exclude "Any and all evidence relating to the Feb. 1, 2010 fire on Milburn Street in Greenfield, Ohio," where Coonrod had previously resided.
Paint Creek Joint Fire and EMS District Chief Bradley George told The Highland County Press in March that "The (Feb. 1) fire appeared to have been caused by an unintentional human act,. Basically when (that is the determination it means) there was no reason for that fire. There was no mechanical failure, no electrical. Somebody caused that fire, accidental or intentional. We can't rule out smoking, we can't rule out child's play, there was no sign of an accelerant. Its didn't appear to be arson. We could not specify why the fire started."
According to the motion, "The previous fire was never investigated and was deemed accidental ... admission of evidence relating to this previous fire would only serve to prejudice (a) jury and would have no probative value - rendering it inadmissible."
Wesley Coonrod has been found competent to stand trial on capital murder charges.
Highland County Common Pleas Court Judge Rocky Coss told The Highland County Press that the result's of Coonrod's mental evaluation, which had been ordered by the court in June, "Came back that he was competent to stand trial."
If convicted, Coonrod could face the death penalty. He was indicted on two counts of aggravated murder in April after his two children were killed in a fire on Lafayette Street in Greenfield in early March.
Coss said that an evidentiary hearing on several motions that have recently been filed will be held Sept. 7
In a hearing held July 22, according to Coss, "There were a couple of motions, and a motion to suppress a search warrant, "Coss said. "I can't hear that motion because I signed the warrant."
Coss said that he will not preside over that hearing, but he will continue to preside on the remaining proceedings. He is currently attempting to locate a judge who is qualified to preside.
"I have to find someone who has attended the Supreme Court training on death penalty cases," Coss said. "I'm been looking for a judge in one of the adjoining counties."
Coonrod is scheduled to stand trial beginning Oct. 4 in Highland County Common Pleas Court.
According to the motion to suppress, Coonrod's attorneys William J. Mooney and Jerry L. McHenry, wrote, that the basis for the motion to suppress is because there was a lack of probable cause for the warrant. According to the motion, an investigator on the case, "Provided this court with an affidavit in support of a search warrant for Mr. Coonrod's residence. The affidavit included the fact that a fire took place on March 7, 2010 in Mr. Coonrod's home. However, it failed to provide a sufficient basis for a good-faith belief that the fire was incendiary. The affidavit stated only that the investigator observed upward and outward burn patterns in the hallway, but, 'there are no ignition sources within the area of origin.' At the time the affidavit was presented to this court ... a criminal investigation was premature and there was insufficient basis for a search warrant. There was nothing ... in the investigation that served as probable cause to believe that the fire was incendiary. Rather, the fire marshal's office treated 'incendiary' as a default position when the cause of the fire was not apparent ... There was nothing at the scene to prove that probable cause existed to support a search warrant for evidence of arson.'"
Additionally, the defense filed a motion in limine to exclude "Any and all evidence relating to the Feb. 1, 2010 fire on Milburn Street in Greenfield, Ohio," where Coonrod had previously resided.
Paint Creek Joint Fire and EMS District Chief Bradley George told The Highland County Press in March that "The (Feb. 1) fire appeared to have been caused by an unintentional human act,. Basically when (that is the determination it means) there was no reason for that fire. There was no mechanical failure, no electrical. Somebody caused that fire, accidental or intentional. We can't rule out smoking, we can't rule out child's play, there was no sign of an accelerant. Its didn't appear to be arson. We could not specify why the fire started."
According to the motion, "The previous fire was never investigated and was deemed accidental ... admission of evidence relating to this previous fire would only serve to prejudice (a) jury and would have no probative value - rendering it inadmissible."
[[In-content Ad]]