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Judge rules against defense in murder case
By Joe Gorman
YOUNGSTOWN
Judge Anthony Donofrio ruled against two defense motions in an upcoming murder case this week in Mahoning County Common Pleas Court.
Judge Donofrio said prosecutors could use ballistic evidence collected in the murder of Rae’venna Faircloth-Thomas, who was found shot to death June 23, 2017, in an SUV on Oneta Street on the West Side.
The judge also ruled that Detective Sgt. Michael Lambert can testify about cellphone evidence he collected in the crime, but prosecutors cannot designate him as an expert witness.
Charged with aggravated murder in the death of Faircloth-Thomas are Dashonti Baker and Barraya Hickson, both 26, both of Millet Avenue. Jury selection in this case is set to go forward Monday.
Police said at a preliminary hearing in their case in municipal court that Faircloth-Thomas was killed because of a property dispute and a monetary dispute that Baker was having with her boyfriend.
A few days after Faircloth-Thomas was killed, someone found a 9 mm handgun in Mill Creek Park that police thought may have been the murder weapon, but police have not said if that was the gun used. Also, five 9 mm shell casings were found outside of the SUV where Faircloth-Thomas was found.
Defense attorneys wanted to exclude the ballistic evidence used to link their clients to the crime based on “junk science,” but Judge Donofrio ruled that the science used by prosecutors can be used in court.
Defense attorneys also objected to Lambert testifying about the cellphone evidence because he is not an expert. Judge Donofrio ruled Lambert can testify about what he found out when he investigated the use of cellphones in the case, but he cannot do that as someone labeled as an expert witness.