Murder trail set in
SUV killing case By MONROE ROARK
Staff Writer
Fayette
County's latest death penalty case unofficially
got underway Monday morning as a hearing was
conducted in Superior Court regarding a man
charged with a drug-related murder last spring.
The
trial is expected to take place sometime next
summer before Judge Christopher Edwards.
Carl
Bryan Hodge faces charges of two counts of felony
murder, one count of murder, two counts of
aggravated assault, three counts of firearm
possession during the commission of a crime, and
one count each of arson and concealing the death
of another.
He
was arrested in early May after the death of
Adolf Stubbs, who was found in a burned sport
utility vehicle April 1 in north Fayette County.
Stubbs had a bullet wound to the head.
Authorities
said at the time that they believed the killing
was the result of a dispute between partners in a
drug deal. The investigation took local law
enforcement officials as far as New York City.
Edwards
presided over Monday's hearing, with district
attorney William McBroom and assistant DA Tom
Woodward representing the state. Hodge is being
represented by Michael Martin.
Hodge
retained Martin during the early stages of his
incarceration, and Martin is now his
court-appointed counsel on the basis of his
inability to hire an attorney. When asked on the
record by Edwards, Hodge said that he had no
objection to keeping Martin as his attorney.
This
would be the fourth death penalty case to go to
trial in the past two years that Martin is
involved in. He is currently working on two other
such cases, one of which is on appeal and another
for which a trial is set to start soon in Clayton
County.
McBroom
stated for the record at the hearing that he had
officially filed a written notice of his intent
to seek the death penalty in the case.
During
a discussion of discovery matters pertaining to
the case, Martin said that he would likely be
challenging the arrays of the grand jury and
traverse jury, although he had no statistics as
yet from the jury commissioner. He added that
Hodge's arrest was without a warrant, and he
would challenge some statements Hodge made after
his arrest.
The
search of Hodge's home, which was done with a
search warrant, would be challenged, as would any
other searches that may have been done on Hodge's
behalf, Martin said.
The
subject of bail will not be addressed, according
to Martin. Hodge has been held in the Fulton
County Jail since his arrest, although he will be
moved to the Fayette County Jail as a result of
some discussion and an agreement between all
parties at the hearing.
Martin
is not certain how he will address Hodge's mental
condition, and McBroom stipulated that if any
expert testifies for the defense in that regard,
he wants a written report from that expert on his
findings in advance. Martin said that would not
be a problem.
Edwards,
who has a three-week medical malpractice trial
scheduled for January in Upson County, conferred
with the attorneys for both sides on possible
dates to continue the proceedings. They agreed to
have the arraignment Monday, Jan. 24, at 9 a.m.
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