JUDGE ASKED TO THROW OUT INDICTMENT IN CHILD'S DEATH

Date: 1992-10-23
Source: newsbank.com

JUDGE ASKED TO THROW OUT INDICTMENT IN CHILD'S DEATH

October 23, 1992
Janice Haidet
Dayton Daily News
       
A Greene County judge will decide whether to throw out an indictment against a Cedarville couple charged with involuntary manslaughter in the death of their 6-year-old adopted daughter.

The couple, Kathleen and Timothy Carroll, pleaded not guilty to the charge before Common Pleas Judge Thomas M. Rose on Thursday. A grand jury indicted the Carrolls last week, saying their failure to obtain medical treatment for Hannah Carroll resulted in the child's death Sept. 21, three days after household bleach was spilled over much of her body.

Kathleen Carroll's lawyer, John H. Rion of Dayton, filed a motion asking Rose to throw out the indictment. The motion stated the grand jury probably wouldn't have indicted her if it had known that a "reckless" mental state has to be present for involuntary manslaughter caused by child endangering.

Dennis Gump of Trotwood, who represents Timothy Carroll in the case, said he intends to file a similar motion on behalf of his client.

County Assistant Prosecutor Suzanne Schmidt said Gump and Rion are "making a technical argument."

"There is no deficiency in the indictment," she said. Trial is set for Jan. 13.JUDGE ASKED TO THROW OUT INDICTMENT IN CHILD'S DEATH

October 23, 1992
Janice Haidet
Dayton Daily News

       
A Greene County judge will decide whether to throw out an indictment against a Cedarville couple charged with involuntary manslaughter in the death of their 6-year-old adopted daughter.

The couple, Kathleen and Timothy Carroll, pleaded not guilty to the charge before Common Pleas Judge Thomas M. Rose on Thursday. A grand jury indicted the Carrolls last week, saying their failure to obtain medical treatment for Hannah Carroll resulted in the child's death Sept. 21, three days after household bleach was spilled over much of her body.

Kathleen Carroll's lawyer, John H. Rion of Dayton, filed a motion asking Rose to throw out the indictment. The motion stated the grand jury probably wouldn't have indicted her if it had known that a "reckless" mental state has to be present for involuntary manslaughter caused by child endangering.

Dennis Gump of Trotwood, who represents Timothy Carroll in the case, said he intends to file a similar motion on behalf of his client.

County Assistant Prosecutor Suzanne Schmidt said Gump and Rion are "making a technical argument."

"There is no deficiency in the indictment," she said. Trial is set for Jan. 13.

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