Murder Watch . . . the French case . . . July 11, 2008
A speedy trial for the accused murderers of Teresa French, shot to death at her Cromer Street home in 1993, looked less and less likely yesterday as both defendants told the judge in the case that they agree with their attorneys’ requests for continuance. After 15 years, what’s a few more months?
Tony French, going through a better divorce with Teresa in 1993, and Jess Woods, the accused triggerman, appeared at a hearing for a trial still scheduled for August 18, less than six weeks away. French’s attorney, Steve Smith of Anderson, moved to roll back the date to late November or early December.
Woods’ attorney, Zaki Ali, also of Anderson, had no objection and had to welcome the extra time. His client had just been extradicted from California late last month and was arraigned only days ago. Neither defense counsel has even received crucial information about all evidence from the state that prosecutors are reqired to provide, though Smith has some. Chief deputy prosecutor Jeff Arnold told the court all the information, legally called “discovery,” was now available and the delay in turning over the documents was due to their quantity: three large boxes of paperwork. The judge wasn’t happy as he asked defense attorneys about motions, witnesses and depositions, and they had to keep replying that they couldn’t answer until they examine the government’s evidence.
Circuit Court 3 Judge Robert Barnet didn’t hide his irritation that the prosecutor’s office has taken so long. One might wonder whether another factor was at work in the delay: the exhaustive digging started one month ago by Circuit Court 2 Judge Richard Dailey into the prosecutor Mark McKinney’s past drug forfeiture practices. Over the past month Dailey has held multiple and lengthy hearings, called at the court’s own motion, into long past seizures by the joint city-county Drug Task Force. That’s repeatedly tied up both McKinney and deputy Eric Hoffman, who have filed their own motions along the way, including one to the Indiana Supreme Court asking for an emergency halt to Dailey’s persistent inquiry. While Arnold will co-try the French murder case, Hoffman seems to be
the lead prosecutor. Both McKinney and Hoffman are away this week at a state prosecuting attorneys conference.
Some information about the state’s case came out of Thursday’s pre-trial hearing. Arnold confirmed that the state had audio recordings from a confidential informant tying the murder to Tony French and Woods (left and right in photo to right). Arnold also said the current witness list for the prosecution numbered 71 people. The state also will be filing for what’s called a “404″ hearing expected to take half a day. That’s a procedure where attorneys for both sides will argue whether other criminal (and possibly noncriminal) actions by the defendants, but unrelated to the current murder charges, can be brought up during trial. Tony French repeated battered his wife (see left) 
and threatened repeatedly to kill her.
The trial itself may take up to a week. Smith has filed an alibi defense for his client, who was seen by many co-workers at Borg-Warner, his employer, at the time of the shooting. Smith also wants to separate the defendants into two trials, something the state will oppose. Barnet said he would rule on moving the trial back by early next week. Hard to imagine he won’t push the date to some extent, given that one defense attorney hasn’t seen anything of the state’s case and the other not all. Still, I hear the judge, who ends his career on the bench Dec. 31, doesn’t want to retire without presiding over this case. This case won’t drag on.
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