Murder case on schedule despite appeals

Photo

Terrance Tate, of Youngstown.

By Peter H. Milliken

Two appeals are pending in this capital murder case.

YOUNGSTOWN — The capital murder trial of Terrance Tate will begin as scheduled on Nov. 10 despite pending appeals concerning the case, the trial judge has ruled.

Presiding over the trial, Judge R. Scott Krichbaum of Mahoning County Common Pleas Court made his ruling in a Monday pretrial hearing, saying the trial will begin that day unless the appeals court issues a stay delaying it.

Tate, 23, of Hilton Avenue, is charged with aggravated murder with a death-penalty specification in the fatal beating of Javonte Covington on his first birthday in April 2006.

Tate’s defense lawyers have appealed Judge Krichbaum’s ruling that the trial can proceed with what the prosecution said was newly discovered evidence, after Tate’s confession to police was ruled inadmissible.

The prosecution has also appealed, saying Judge Krichbaum should have vacated an earlier order from Judge John M. Durkin that Tate’s confession to police was inadmissible.

The prosecution also maintains the defense has no right to a pretrial appeal.

The appeals were filed with the 7th District Court of Appeals.

Judge Krichbaum said he believed both appeals are illegal.

“It’s outrageous. It is a travesty ... It is abhorrent to justice that this case is this old,” Judge Krichbaum said. “I think in the interest of justice that this case needs to be tried.”

Judge Krichbaum overruled a defense motion to delay the trial on the grounds that the defense didn’t learn until late last week the name of a psychologist who will evaluate Tate for the penalty determination phase if Tate is convicted of the death specification.

Judge Krichbaum said a jury orientation will be on Nov. 7, with individual interviews with potential jurors out of earshot of other prospective jurors to begin Nov. 10.

Each side will be limited to 20 minutes to question each juror, the judge said, adding that two alternates will be selected in addition to the regular panel of 12 jurors.

Each side will be permitted to excuse six jurors without giving a reason.

Martin P. Desmond, assistant county prosecutor, said the prosecution would need no more than two days to present its case.

Defense lawyer John B. Juhasz said the presentation of all testimony from both sides should be completed in four days.