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Judge mulls motion to sever the cases of two defendants
By Joe Gorman
YOUNGSTOWN
A Mahoning County Common Pleas Court judge is considering a motion to sever the cases of two defendants in a murder trial.
Judge Maureen Sweeney heard arguments Wednesday in the case against Frankie “Tank” Hudson, 21, of Falls Avenue and Lamar Reese, also 21, of North Worthington Avenue.
Hudson is serving time in prison after pleading guilty to charges he was a member of the H Block Street Gang.
He is charged with two counts of aggravated robbery and two counts of aggravated murder in the Dec. 14, 2010, killing of 44-year-old Christopher Weston of Lordstown at an Overland Avenue market; and the Sept. 16, 2011, death of Josh Davis, 17, of Willis Avenue.
Reese faces charges of aggravated robbery and aggravated murder only in the death of Davis.
Hudson’s attorney, David Betras, filed for the motion to sever his client’s case from Reese’s. He said he is worried about statements witnesses may make that could violate his client’s right to confront them, which is known as the Bruton rule.
He said if the case is not severed, his ability to cross examine witnesses would be hampered because he would be forced to ask questions that would hamper his case.
A hearing on suppressing Hudson’s identification by a witness in the Weston case was also set to take place, but the witness who made the identification was not asked to come to court Wednesday, only the officer who administered the photo lineup, which Betras also said was unlawfully presented.
Judge Sweeney said if she does decide to sever the cases, the Davis case would be tried first, so there would be time to reschedule the evidence suppression hearing.
Jury selection for both men is set to begin April 7.