Thursday, April 10, 2003

Judge delays trial in death of toddler



By Jim Hannah
The Cincinnati Enquirer

COVINGTON - The trial of the man accused of killing an Independence toddler more than two years ago was delayed again Wednesday after defense attorneys complained about receiving a piece of evidence from the prosecutor less than 24 hours before opening arguments were set to begin.

Christopher Wayne Scarber, 28, of Milan, Ind., was scheduled to stand trial in Kenton Circuit Court on one charge of murder. He is accused of killing Jacob Troy Donskey, 2, of Independence.

Jacob died at University Hospital in Cincinnati on Feb. 6, 2001.

Scarber's attorneys realized they couldn't proceed after seeing the evidence, said Mary Rafizadeh, director of the public advocacy's office in Covington. Scarber's public defenders were not available for comment.

Kenton Circuit Judge Steven Jaeger also expressed frustration but agreed the defense couldn't proceed.

It was unclear what the piece of evidence was, and Kenton Commonwealth's Attorney Bill Crockett didn't return a phone message.

The death took place at the home of Jacob's grandmother. The grandmother, who was his legal guardian, left Jacob, his 5-year-old sister and his 6-month-old brother with baby sitter Karen Walton, whom police describe as Scarber's girlfriend. Jacob was the son of Angela Fryman Donskey and Troy Donskey of Erlanger.

E-mail jhannah@enquirer.com




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