Judge denies request to postpone trial

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Mahoning County Common Pleas Court Judge R. Scott Krichbaum

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Terrance Tate

The defense request claimed a pathologist and psychologist needed more review time.

STAFF REPORT

YOUNGSTOWN — Judge R. Scott Krichbaum has rejected a defense request for a 30-day postponement of the capital murder trial of Terrance Tate, which is scheduled to begin Monday.

The defense made a motion Wednesday to delay the trial to give the forensic pathologist it engaged as an expert enough time to review the case materials, which the pathologist didn’t receive until Monday.

The defense lawyers also said the psychologist they have selected for the penalty determination phase hasn’t yet received the necessary records, conducted evaluations and interviewed witnesses.

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.

If Tate is convicted of the murder with the death specification, the jurors would return to hear testimony in a penalty determination phase and to recommend whether Tate should receive the death penalty or serve a life prison term.

“What’s important right now, if you folks aren’t going to resolve this case, is that we get to it in the trial like we’re supposed to,” the Mahoning County Common Pleas Court judge said, referring to the possibility that the case may be resolved through a plea agreement.

“Everybody’s had enough time to do what you have to do,” the judge said during Wednesday’s final pretrial hearing.

Last Friday, the prosecution asked the 7th District Court of Appeals to postpone Tate’s trial pending the outcome of its appeal.

In that appeal, the prosecution alleges 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 because police didn’t timely warn Tate of his right to remain silent.

Some 95 potential jurors for the Tate trial are to appear at the county courthouse Friday for an orientation.

Beginning Monday, prospective jurors are to be interviewed individually by the judge and the prosecuting and defense lawyers out of earshot of other potential jurors.