Wednesday, February 26, 2003
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Wednesday, February 26, 2003 |
Defense attorneys for twin murder suspects want Supreme Court to rule on challenge to indictmentsBy JOHN
MUNFORD
Attorneys for murder suspects Marvin and Edwin Mitchell want the Supreme Court to review the indictments which accuse them of murdering a motorist when they crashed into his car while fleeing police from the scene of an armed robbery in Fayetteville almost a year ago. The Mitchells, who are twins, were caught fleeing the scene of the accident on foot by Fayetteville police officers and deputies from the Fayette County Sheriff's Department. In a court hearing Monday, new Superior Court Judge Tommy Hankinson denied several defense motions questioning the indictments that were filed against them. Lloyd Walker, who represents Marvin Mitchell, said he and attorney Judy Chidester, who represents Melvin Mitchell, think the indictment specifically doesn't say how the victim, Jason Andrew Trotter of Union City, died. After Hankinson denied the motions, the attorneys asked him to consider allowing them to appeal the matter to the Georgia Supreme Court. Hankinson took the matter under advisement but declined to issue a formal ruling on the spot, Walker said. There are no assurances that the motion for a "certificate of immediate review" would be granted, Walker added. "It's not automatic," Walker said. The process is designed to resolve certain issues after the trial judge has ruled on a matter. Police said the pursuit reached speeds of over 110 mph before the collision that killed Trotter. The Mitchells have been held in jail without bond since their arrest.
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