Tuesday, August 15, 2000
Murder suspects may go free if witnesses don't turn up
Charge already dropped in one local slaying
By Dan Horn
The Cincinnati Enquirer
Three men charged with murder — Keith Harris, Chris Roley and Marcus Wilson — all went to jail this year because witnesses came forward to testify against them.
All three may soon go free because those witnesses are now missing.
Although the cases are unrelated, Hamilton County prosecutors say the same problem is plaguing all three: Witnesses who promised to show up for trial are nowhere to be found.
Frustrated prosecutors dismissed murder charges against Mr. Harris on Monday when their star witness failed to appear in Common Pleas Court.
The murder charges can be filed again if the witness is found, but prosecutors have no idea when — or if — that will happen.
They fear the same scenario could play out in the other two cases if they are unable to find the key witnesses against Mr. Roley and Mr. Wilson.
“It's unusual that this would happen in so many cases at one time,” said Prosecutor Mike Allen. “Sometimes (witnesses) are not the most responsible people in the world.”
He said prosecutors and police are working together in hopes of finding the witnesses as soon as possible.
Time is of the essence because Ohio law allows police to hold a suspect in jail for no more than 90 days before bringing the case to trial.
After 90 days in custody, the suspect cannot be charged again for the same offense.
In Mr. Harris' case, prosecutors avoided the 90-day problem by dismissing the charges 13 days before the final deadline.
Because it is a murder case, prosecutors can file new charges at any time, even if it takes them years to find the missing witness. And prosecutors readily admit they need the witness.
Assistant prosecutor Mark Piepmeier said in court Monday that the witness, Janet Hill of Roselawn, is the only person who can directly link Mr. Harris, 30, to the beating death of Kerwin Banks.
Prosecutors say Mr. Harris admitted to Ms. Hill that he committed the crime on Aug. 25 in Clifton. Mr. Piepmeier said Ms. Hill has been the victim of witness intimidation and may be “on the run.”
Prosecutors say fear also could be the reason witnesses are missing in the other two cases.
Mr. Roley, of Bond Hill, is charged with shooting to death James E. Hillman Jr. on March 8 in Avondale. And Mr. Wilson, a 16-year-old from Pleasant Ridge, is accused of shooting to death 17-year-old Christopher Parks on Jan. 29.
In both cases, prosecutors say, police cannot find key witnesses to the crime. They may be able to go forward with trials without them, but they say their cases will not be as strong.
Mr. Roley is due in court Aug. 22 and Mr. Wilson is scheduled for Aug. 21.
If the witnesses don't show up by then, prosecutors will have to decide whether they should risk going to trial without their best evidence.
The other option is to dismiss the charges — and set the men free — so they can try again later.
“These situations arise from time to time,” Mr. Allen said. “We just have to deal with them.”
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