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Judge expects lawyers to be ready for scheduled Tate trial
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Terrance Tate
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Mahoning County Common Pleas Court Judge R. Scott Krichbaum
During jury selection, the judge will mull a defense motion to move the trial.
YOUNGSTOWN — An appellate court may decide at the last minute whether the murder trial of Terrance Tate can begin as scheduled Monday, but the trial judge has told the lawyers to prepare as if the trial will begin on time.
“This case is 21‚Ñ2 years old and has been delayed again and again and again to the point of travesty,” Judge R. Scott Krichbaum of Mahoning County Common Pleas Court wrote in a judgment entry Monday.
“This case will go forward as scheduled. The lawyers are to be prompt and prepared,” wrote Judge Krichbaum, who will conduct the trial.
Tate, 23, of Hilton Avenue, faces an aggravated murder charge with a death-penalty specification in the fatal beating of Javonte Covington on his first birthday in April 2006.
Judge Krichbaum also said he will reserve judgment on a defense motion to move the trial to another county until he can evaluate the effect of pretrial publicity on potential jurors during the jury selection process.
Without explanation, Judge Krichbaum also overruled a defense motion to dismiss the death penalty specification.
The prospect of another postponement of the trial was raised in an appeal prosecutors filed Friday, in which they asked the 7th District Court of Appeals to delay the trial pending the outcome of that appeal.
On Monday afternoon, appellate Judges Gene Donofrio, Cheryl Waite and Mary DeGenaro issued a notice giving defense lawyers until 10 a.m. Wednesday to file their response to the prosecution’s appeal — a move which is likely to push an appeals court decision into the later part of this week.
In its Friday appeal, the prosecution alleges that Judge Krichbaum erred by declining to vacate an earlier ruling by Judge John M. Durkin that Tate’s confession to police was inadmissible as trial evidence.
Judge Durkin suppressed Tate’s confession because the judge said police failed to warn Tate of his right to remain silent before they questioned him about the infant’s injuries while he was in police custody. The 7th District Court of Appeals unanimously upheld Judge Durkin’s decision.
Prosecutors maintain that they have new evidence that Tate and his mother colluded to defraud Judge Durkin’s court at the suppression hearing. Tate told a fellow jail inmate that Tate and his mother worked out a plan to get his confession suppressed, prosecutors said.
Tate admitted to the inmate that his mother agreed to testify at the hearing that she was held against her will, thus compelling Tate to turn himself in to police, prosecutors said. However, Tate told his fellow inmate that he actually went voluntarily to the police station, prosecutors added.
Prosecutors argue in their appeal that Judge Krichbaum should have vacated Judge Durkin’s suppression order and revisited the issue by setting the matter for a rehearing.
In his ruling, Judge Krichbaum said he had no authority to change the appeals court ruling that affirmed Judge Durkin’s suppression of Tate’s confession to police.
Judge Krichbaum has scheduled Tate’s final pretrial hearing for 8:30 a.m. Wednesday and a jury orientation for 8:30 a.m. Friday.