A grocery list of motions was heard last week in the case of two men charged with the fatal shooting of two others near Crab Orchard in November 2008.
A filing by prosecutors, however, may postpone the scheduled May 24 trial date to July, attorneys involved in the case and Criminal Court Judge David Patterson noted.
Alexander Ruben Carino, 25, who has lived in Crossville and Knoxville, and Cody Rickey Cofer, 22, Kingston, are charged with two counts each of felony murder and attempted especially aggravated burglary.
Two other co-defendants — Amanda Ann Spence, 23, of Crossville, and Joshua Hutson, 22, of Oak Ridge — are charged, but their cases have never left General Sessions Court. Both have cooperated with investigators and one or both are expected to testify against Carino and Cofer.
The four are accused of the double homicide of Albert Keith Patton, 49, of Hwy. 70 E near Crab Ochard, and Robert W. Asher, 62, also of Cumberland County. The two were shot multiple times during what investigators called a home invasion/robbery that went bad.
Most of the motions were filed by Oak Ridge attorney T. Scott Jones, who represents Carino. Robert Marlow of Shelbyville represents Cofer and adopted Jones' motions in addition to filing four of his own.
Last week during a three-hour hearing most of the issues raised in the 20-plus motions were resolved. Those issues ranged from disclosure of all state evidence to a motion to sever the cases. In most cases, out-of-court agreements were reached between prosecutors and defense attorneys.
Most of the critical testimony is expected to come from Hutson, so statements he made to authorities came under attack from Jones and Marlow.
"There is nothing linking Cofer to the crime scene," Marlow told the court, "except for the statements of Hutson."
A change of venue was also filed, questioning whether Carino could obtain a fair trial because of his ethniticity and media coverage.
Patterson ruled that the motion was premature and was one better filed after a jury panel was brought in and attorneys had an opportunity to question the jury pool.
One of the motions filed by the state was a requirement to receive notice of an alibi if the defense plans to use one.
Marlow also asked for a state-funded expert in light of the state's announcement of seeking life without parole. Court rules allow for such but the Tennessee Administrative Office of the Courts must approve the spending of state money for an expert.
The amount of time it takes to file the motion and receive an answer on the request might also be cause for the trial to be pushed back.
The motion hearing was continued to April 15 at 9 a.m. at which time other issues are to be resolved and a decision made on whether the trial will be held on May 24 or moved back to July 26.
Area News
State notice may delay double homicide case
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Honoring fallen heroes
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Laurel Hills POA action questioned by State Attorney General
The Laurel Hills Property Owners Association on Renegade Mountain recently notified Renegade Mountain residents and the Tennessee Department of Environment and Conservation that, effective July 9, 2012, it would no longer provide water service to any party other than itself with its water system.
The action has caused a hearing, scheduled Monday, May 21, before the Tennessee Regulatory Authority (TRA). -
Looking Back
A weekly historical news feature.
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Homestead named Lighthouse School of Excellence
Although they call themselves the Bulldogs, students at Homestead Elementary School did not mind Principal Robin Perry describing them as butterflies last week.
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Suspect faces multiple charges in burglaries
A Cumberland County man was arrested in connection with two burglaries during which thousands of dollars worth of jewelry and tools were stolen. Some of the property has been recovered, according to arrest warrant affidavits.
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School attendance an issue for those over 18
While state law and school system policies are proving helpful in getting younger students to school, school officials are finding increasing absenteeism among students 18 years and older.
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Report shows Justice Center needs much work to repair leaks
Commissioners on the building and grounds committee made a consensus agreement earlier this week to have the county attorney review an extensive repair estimate report for work needed at the Cumberland County Justice Center in order to repair numerous leaks and problems.
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Fire engulfs residence
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School bus driver cited for leaving the scene
A Cumberland County school bus driver was given a summons to court and, according to unconfirmed reports, is no longer employed as a driver, after the bus she was driving with 63 persons on board struck a concrete guard rail and then continued on its way.
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TSUD removes availability fee
The Tansi Sewer Utility District board of directors voted Wednesday to remove a provision from its rules and regulations that would require those with sewer service availability to pay a one-time availability fee as well as monthly service fees, regardless of if the customer uses the service or not.
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