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";::-~,. " ~d\;:,;IN THE COURT OF COMMON PLEAS <\,Jt. t L- .GEAUGA COUNTY, OHIO

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CASE NO. II-C-000116

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JUDGE PAUL H. MITROVICH

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MOTION FOR CHANGE OF VENUE

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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.

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Accordingly, Defendant moves to change venue to a Common Pleas Court in southern Ohio where a jury pool does not know, know of and/or admire Judge Henry and his family. 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.

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MARK . MAREIN (0008118) Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland, Ohio 44114
(216) 781-0722

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OF COMMON PLEAS GEAUGA COUNTY, OHIO ) ) ) ) ) CASE NO, II-C-000116

STATE OF OUIEf:~: ur.. i~OUR1S ~.... ",. \ .: v L ''7-'I; Uu;\ COUH11 GCM Plaintiff

JUDGE PAUL H. MITROVICH MOTION TO REFER DEFENDANT FOR MENTAL HEALTH EVALAUATION TO DETERMINE HER COMPETENCY STAND TRIAL

vs. KELLY A. COX, Defendant

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Now comes the defendant, Kelly A. Cox, by and through undersigned

counsel, and pursuant

to R.C. Section 2945.37 et seq. 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. As grounds for this motion the following circumstances I. are cited in support of this request:

Defendant has a lengthy history of mental health treatment dating back almost twenty years;

2. Due to the events of May 23,2011, Defendant suffered an emotional breakdown resulting in hospitalization in Cleveland; 3. Healthcare professionals have attempted to stabilize the Defendant with the assistance of numerous medications since her discharge;
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On October 6, 2011, Defendant was found by her husband in their home in a catatonic state. Mr. Cox first believed that his wife had suffered a stroke. Defendant was thereupon transported by ambulance to the hospital. The Defendant spent two days in the hospital with all diagnostic tests ruling out a stroke; the ultimate diagnosis being an emotional breakdown;

5. Defendant has suffered four like kind episodes subsequent to her most recent hospitalization. As a result, the Defendant's husband has assumed the care of the home and the couple's children as the Defendant frequently stares into space, shakes and cries; 6. Defense counsel has recently tried to converse with the Defendant about her case, but Defendant's mental condition appears to be a serious impediment with that endeavor;

7. As a result of the above, 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; 8. Defense counsel and Geauga County Prosecuting Attorney David P. Joyce have been in regular contact relative to the Defendant's condition and Mr. Joyce appreciates the wisdom of referring the Defendant for a competency evaluation and he voices no opposition to this request.

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MARK B. MAREIN (0008 Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland, Ohio 44114 (216) 781-0722

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021504

STATE OF OHIO Plaintiff

CASE NO.1] C 000116 JUDGE PAUL H. MITROVICH ORDER OF THE COURT

-vsKELLY A. COX
Defendant

This matter comes on for consideration on October 20, 2011, upon the Defendant's motion for a hearing on Defendant's competency to stand trial pursuant to Revised Code 2945.37. The Court finds that Defendant should be examined and evaluated pursuant to Revised Code 2945.371(D). IT IS THEREFORE ORDERED as follows: (I) That defendant be examined by Psycho-Diagnostic Clinic of the Summit County Court of Common Pleas, 209 South High Street, Akron, Ohio pursuant to Revised Code 2945.371(0).
(2) That the examiner prepare and file a written report concerning Defendant's

competency to stand trial pursuant to Revised Code 2945.371(0). (3) That the examiner may contact the Prosecutor or Defense Counsel to arrange for examinations and obtain information necessary to comply with this order. The names and addresses of such persons are:

a David P. Joyce, Prosecuting Attorney


Geauga County Prosecutor Courthouse Annex Chardon, OH 44024 Phone: 440-279-2100

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b. Mark B. Marein, Esq. Marein & Bradley 222 Leader Building 526 Superior Ave. Cleveland, OH 44114 Phone: 216~7810722 Pursuant to Revised Code 2945.72 the time in which Defendant must be brought to trial is stayed pending completion of the above-mentioned.esaluati

cc:

Mark B. Marein, Esq.


David P. Joyce, Prosecuting Attorney Psycho-Diagnostic Clinic

JUDGE PAUL H. MITROVICH vs. KELLY A. COX, Defendant MOTION TO SUPPRESS STATEMENTS, PHYSICAL EVIDENCE AND BLOOD TEST RESULTS (Evidentiary Hearing Requested)

Now comes the defendant, Kelly A. Cox, by and through undersigned counsel, and hereby respectfully moves this Honorable Court to issue an order suppressing any statements made by her to State officials, physical evidence seized from her person or vehicle, and forensic tests performed by State officials on blood drawn from the Defendant on May 23,2011. As grounds for this motion the Defendant maintains the following: 1. 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. Consequently, all statements secured from the Defendant, as well as, all evidence seized from Defendant's person, including bodily fluids, are subject to exclusion at trial as fruit of the poisonous tree. State v. Chatton (1984), 11 Ohio St. 3d 59, Katz v u.s. (1967),389 U.S. 347, Wong Sun v. u.s. (1963),371 U.S. 471.
2. While at the scene Defendant did not exhibit indicia of intoxication nor

smell of alcohol. When Defendant asked for permission to return home; having spent over three (3) hours at the scene, Defendant was advised that law enforcement officials wanted her to submit to a blood test. When Defendant advised that she was "scared" and did not wish to submit to a blood test, she was advised that her refusal would delay the inevitable; that law enforcement would simply secure a search warrant authorizing them to secure her blood. At that point Defendant "consented" to a blood draw. Consequently, 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. See R.C. Section 4511.19 et seq.; State v. Robinette (1997), 80 Ohio st. 3d 234, Schneckloth v. Bustamonte (1973), 412 U.S. 218.

3. In accordance with R.C. Section 4511.19 the State of Ohio bears the burden of proving compliance with Ohio Department of Health Regulations in the collection, storing and testing of blood. In this case the Defendant maintains that the State cannot perfect the appropriate foundation for admissibility of the blood evidence under R.C. Section 4511.19 and the applicable regulations. As such suppression of such evidence is warranted. Defendant respectfully requests an evidentiary hearing on the raised issues where the State of Ohio bears the burden of proof.

MAR B. MAREIN (00081 Marein & Bradley 222 Leader Building 526 Superior Avenue Cleveland, Ohio 44114 (216) 781-0722