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CASE NO. II-C-000116

) ) ) vs. KELLY A. COX, Defendant
) )




) )

Now comes the defendant, Kelly A. Cox, by and through undersigned counsel, and pursuant to R.C. Section 2901.12 (K) and Rule 18(B) of the Ohio Rules of Criminal Procedure, hereby respectfully moves this Honorable Court to issue an order transferring this case to a venue in southern Ohio for trial. As grounds for this motion Defendant states the following: 1. Judge Charles E. Henry, the named victim in this case, was an extremely popular and well-respected member of the Geauga County community. As a member of the Ohio legislature and then as a jurist on the Common Pleas Court, Judge Henry enjoyed praise and admiration from the citizens of Geauga County. Evidence from the Board of Elections will demonstrate that Judge Henry received the greatest votes during elections - -higher than any other political figure in Geauga County. Consequently, it is likely to be impossible that a jury can be impaneled in this case that has not been touched by the tragic loss of Judge Henry. In point of fact, it is more likely than not that the majority of jurors were Judge Henry supporters having voted for him as a State Representative and/or a Common Pleas Court Judge. Such a scenario presents an unfair jury pool for the Defendant. 2. The incident giving rise to Judge Henry's untimely death has been reported in all the newspapers, has been the subject of radio broadcasts and has been presented on television. Judge Henry's funeral, with the massive showing of family, friends and admirers, was also reported. Since Judge Henry's death local newspapers have written about Judge Henry's extraordinary life and good will. Further reports have addressed the instant prosecution and have reported the Defendant's BAC reading. Given these circumstances it is highly unlikely that a jury can be impaneled that does not have knowledge of Jud~e Henry, his untimely demise and this case. Evenwith extensive voir dire it is unlikely that the Defendant can secure a fair and impartial jury in Geauga County.

Defendant moves to change venue to a Common Pleas Court in southern Ohio where a jury pool does not know. I MARK .. MAREIN (0008118) Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland. I' f ! i f. ! f I ~ ! . know of and/or admire Judge Henry and his family. ! f Accordingly. r r II i ! t! ! i . I t I f ! 1 . A change of venue will ensure that Defendant is tried before persons who know nothing about this case and do not have any personal agenda whatsoever. 1. I ~ ! J. Ohio 44114 (216) 781-0722 ! • I ! ~ ~ ! I ! ! I.l.

} \ I. \ . hereby respectfully moves this Honorable Court to issue an order referring the Defendant for a mental health evaluation to determine her competency to stand trial.2011. i~OUR1S ~. the Defendant's husband has assumed the care of the home and the couple's children as the Defendant frequently stares into space. MITROVICH MOTION TO REFER DEFENDANT FOR MENTAL HEALTH EVALAUATION TO DETERMINE HER COMPETENCY STAND TRIAL vs.. are cited in support of this request: Defendant has a lengthy history of mental health treatment dating back almost twenty years. The Defendant spent two days in the hospital with all diagnostic tests ruling out a stroke.. Uu. 5. Section 2945. Defense counsel has recently tried to converse with the Defendant about her case.: v L ''7-'I. Cox first believed that his wife had suffered a stroke..C. Mr. KELLY A. _ . COX.i ' 'in\ \ ioU OC1 ~ ". OHIO ) ) ) ) ) CASE NO. . by and through undersigned counsel. As a result. :. Defendant has suffered four like kind episodes subsequent to her most recent hospitalization. zW p-M~QWRT " I. shakes and cries. Defendant suffered an emotional breakdown resulting in hospitalization in Cleveland..':'''\H\14'K\ \ 1 I V 'oJ OF COMMON PLEAS GEAUGA COUNTY.37 et seq. Now comes the defendant. 2. 2011. Cox. ". II-C-000116 STATE OF OUIEf:~: ur. and pursuant to R. Defendant was thereupon transported by ambulance to the hospital. f ~ 4. Defendant ) ) ) ) ) ) :ra .. but Defendant's mental condition appears to be a serious impediment with that endeavor.. On October 6. i 1 ! '1 . Due to the events of May 23.\ COUH11 GCM Plaintiff JUDGE PAUL H. 3. As grounds for this motion the following circumstances I. the ultimate diagnosis being an emotional breakdown. 6. Healthcare professionals have attempted to stabilize the Defendant with the assistance of numerous medications since her discharge. Defendant was found by her husband in their home in a catatonic state. Kelly A.

i MARK B. Defense counsel and Geauga County Prosecuting Attorney David P. defense counsel believes that his client is presently incapable of appreciating the nature and objective of the proceedings in this case and is further incapable of assisting in her defense. f . MAREIN (0008 Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland. \ t. Joyce have been in regular contact relative to the Defendant's condition and Mr. 8. i I . Joyce appreciates the wisdom of referring the Defendant for a competency evaluation and he voices no opposition to this request. As a result of the above.7. Ohio 44114 (216) 781-0722 18) \ ~ I tI r I I\ I I .

upon the Defendant's motion for a hearing on Defendant's competency to stand trial pursuant to Revised Code § 2945.371(0). Prosecuting Attorney Geauga County Prosecutor Courthouse Annex Chardon. Joyce. COX Defendant This matter comes on for consideration on October 20.371(0). 2011.371(D). (3) That the examiner may contact the Prosecutor or Defense Counsel to arrange for examinations and obtain information necessary to comply with this order. (2) That the examiner prepare and file a written report concerning Defendant's competency to stand trial pursuant to Revised Code § 2945. Akron. MITROVICH ORDER OF THE COURT -vsKELLY A. The Court finds that Defendant should be examined and evaluated pursuant to Revised Code § 2945. IT IS THEREFORE ORDERED as follows: (I) That defendant be examined by Psycho-Diagnostic Clinic of the Summit County Court of Common Pleas.021504 STATE OF OHIO Plaintiff CASE NO. The names and addresses of such persons are: a David P.37.1] C 000116 JUDGE PAUL H. OH 44024 Phone: 440-279-2100 . 209 South High Street. Ohio pursuant to Revised Code § 2945.

72 the time in which Defendant must be brought to trial is stayed pending completion of the above-mentioned. Esq.(. David P.esaluati cc: Mark B. Prosecuting Attorney Psycho-Diagnostic Clinic . Cleveland. Marein & Bradley 222 Leader Building 526 Superior Ave. Marein. Mark B. Esq. b. OH 44114 Phone: 216~781·0722 Pursuant to Revised Code 2945. Joyce. Marein.

. (1963).389 U. all statements secured from the Defendant. 347. When Defendant asked for permission to return home. Schneckloth v. (1967). At that point Defendant "consented" to a blood draw. Defendant MOTION TO SUPPRESS STATEMENTS. 11 Ohio St. u.19 et seq. 3d 59.S. 412 U. PHYSICAL EVIDENCE AND BLOOD TEST RESULTS (Evidentiary Hearing Requested) Now comes the defendant. State v. Consequently..2011. as well as. Katz v u. Wong Sun v. having spent over three (3) hours at the scene. that law enforcement would simply secure a search warrant authorizing them to secure her blood. Cox.s. and hereby respectfully moves this Honorable Court to issue an order suppressing any statements made by her to State officials. Kelly A. including bodily fluids. by and through undersigned counsel. 471.S. Bustamonte (1973). 218. physical evidence seized from her person or vehicle. Robinette (1997). While at the scene Defendant did not exhibit indicia of intoxication nor smell of alcohol. 3d 234. MITROVICH vs. Chatton (1984).371 U. When Defendant advised that she was "scared" and did not wish to submit to a blood test. all evidence seized from Defendant's person. KELLY A. and forensic tests performed by State officials on blood drawn from the Defendant on May 23. 80 Ohio st. Defendant was unlawfully and unreasonably detained at the scene of the subject incident by a combination of law enforcement officials and State certified emergency personnel for over three (3) hours. the Defendant's "consent" to draw blood is invalid under the totality of the circumstances and exclusion of her blood and blood test results is warranted. COX. Defendant was advised that law enforcement officials wanted her to submit to a blood test. Section 4511.C. Consequently. are subject to exclusion at trial as fruit of the poisonous tree. See R.S.s.JUDGE PAUL H. 2. State v. As grounds for this motion the Defendant maintains the following: 1. she was advised that her refusal would delay the inevitable.

MAREIN (00081 Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland.3. Ohio 44114 (216) 781-0722 . Section 4511. MAR B. In accordance with R. In this case the Defendant maintains that the State cannot perfect the appropriate foundation for admissibility of the blood evidence under R.19 the State of Ohio bears the burden of proving compliance with Ohio Department of Health Regulations in the collection. storing and testing of blood. As such suppression of such evidence is warranted.C.C. Defendant respectfully requests an evidentiary hearing on the raised issues where the State of Ohio bears the burden of proof.19 and the applicable regulations. Section 4511.