The judge rejects the requests; Kirby’s murder trial goes on schedule | News, Sports, Jobs
LISBON – The jury trial of Kevin E. Kirby, charged with the 2012 murder of Melinda Todd and serious injuries to his 5-year-old grandson, is still scheduled for October 5.
On Monday morning, Common Pleas Judge Megan Bickerton dismissed two recently filed motions by defense attorneys James Wise and Paul Conn, including one for the continuation of the trial.
The other motion was a Supplemental Discovery Request, which included tapes of phone calls from three potential witnesses housed at the County Jail – William Keyes, Mark Fraser and Brandon House.
During Monday’s hearing, Deputy County Chief Prosecutor Ryan Weikart said defense attorneys were asking the prosecutor’s office for documents they did not have in their possession and qualified the request of “Fishing expedition.”
Bickerton noted that a motion filed in early July by the prosecutor’s office for questioning by defense attorneys was answered on Monday morning, despite a deadline of late July. She gave the prosecutor’s office until Friday’s motion hearing to file any concerns arising from this discovery.
Friday’s motion hearing will also be used to address any concerns about keeping criminal activity or previous convictions against Kirby away from anything jurors hear.
Kirby, 46, is charged with two counts of aggravated murder, one count of attempted murder and one count of tampering with evidence. Kirby was indicted in 2019, almost seven years after Todd’s blunt trauma homicide at her home in Salem Township.
He remains in custody on $ 1 million cash or bail pending trial. He could face 15 years in life in prison on each of the aggravated murder charges.