Trial date upheld in tot’s slaying

STAFF REPORT

YOUNGSTOWN — The 7th District Court of Appeals has cleared the way for the capital murder trial of Terrance Tate to begin as scheduled Nov. 10 before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.

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 appealed Judge Krichbaum’s Sept. 8 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 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 appeals court rejected the defense’s appeal because it said Judge Krichbaum’s order was not a final appealable order; and it rejected the prosecution’s Oct. 17 appeal, saying it wasn’t filed within the 30-day time limit for appeals.

The unanimous decision was rendered Thursday by a three-judge appellate panel, consisting of Judges Gene Donofrio, Joseph J. Vukovich and Mary DeGenaro.

Judge Krichbaum, who had called both appeals illegal in a Monday pretrial hearing, has scheduled another pretrial hearing for 8:30 a.m. Wednesday and a jury orientation for Nov. 7.

Among items it calls new evidence, the prosecution lists telephone conversations between the jailed Tate and his mother, letters Tate wrote to Judge Durkin, and a jail inmate’s claim that Tate confessed to him.