6th murder trial being considered for Anderson

Photo

Anderson

Staff report

YOUNGSTOWN

The 7th District Court of Appeals is considering if it will allow an Austintown man to be tried a sixth time for murder.

Christopher Anderson, 43, of South Main Street, is charged in the June 3, 2002, strangulation death of Amber Zurcher in her township apartment.

Anderson was one of several people who attended a party in Zurcher’s Compass West apartment. After everyone else left, Anderson returned and strangled the 22-year-old Zurcher with a cord, prosecutors say.

Anderson’s case has been tried five times in Mahoning County Common Pleas Court on murder charges.

Anderson’s first trial in May 2003 was declared a mistrial because of “an unsolicited comment” from a witness.

Anderson’s second trial in November 2003 resulted in a conviction and a sentence of 15 years to life in prison, but the appellate court overturned the conviction in September 2006, citing “cumulative error” in the trial.

A third trial in December 2008 ended with a hung jury; and a fourth attempt in April 2010 ended in a mistrial after a defense lawyer fell asleep in the courtroom during jury selection.

After almost two full days of deliberations, the most recent trial in August 2010 again ended with a hung jury.

Prosecutors are determined to bring the matter before another jury for the sixth time, but Atty. John Yuhasz, representing Anderson, filed a motion stating that another trial would violate Anderson’s rights to due process and double jeopardy.

Judge James C. Evans of common pleas court overruled the defense motion and the matter landed before the appellate court.

Yuhasz and Ralph Rivera, an assistant county prosecutor, spent Wednesday morning bringing their points for and against a sixth trial before the four-judge panel.

After the lawyers cited case law to augment their positions, the judges took the matter under advisement and will issue a ruling at a later date.