By Gary Ogle
gogle@wbcowqel.com
Could a routine cremation interfere in the pursuit of justice in the death of an Alzheimer’s patient? An attorney for the accused thinks so.
“The cause of death is an issue in this case. The ability for my client to get a fair trial is hindered extremely,” Bucyrus attorney Adam Stone told Crawford County Common Pleas Court Judge Sean Leuthold during an arraignment hearing Monday.
Stone is representing 36-year-old Fred Saunders Jr. and his wife, 36-year-old Marla Saunders, who have been indicted by the Crawford County Grand Jury in the Sept. 29th death of Fred Saunders Sr. The elder Saunders was staying with his son and his family in Galion. Fred Saunders Sr. was taken to Galion Community Hospital by family members where he died.
Although the body was released to a funeral home with instructions for cremation, authorities intervened and had it sent to the Lucas County Coroner’s Office for an autopsy attended by Crawford County Prosecutor Matt Crall. The report from that autopsy indicated cause of death was strangulation and blunt force trauma. The body was eventually cremated on Oct. 12 according to the family’s wishes.
But Stone argued that is in violation of ordinances requiring evidence be maintained and now his expert cannot examine the body. Stone says that is vital to the defense in light of an emergency room doctor indicating prior to the autopsy that cause of death was a heart attack. Stone also said in court that the elder Saunders had once been involved in a motorcycle accident and intimated that could be responsible for signs of trauma in the brain.
Judge Leuthold set bond for Fred Saunders Jr. at $5 million and for Marla Saunders at $2.5 million. Leuthold said the seriousness of the crimes and Fred Saunders ties to Missouri where he once lived necessitated the high bond.
Fred Saunders Jr. and Marla Saunders are both charged with first-degree felony kidnapping and third-degree felony tampering with evidence. In addition, he is charged with the unclassified felony of aggravated murder. She is charged with complicity to aggravated murder, also an unclassified felony, and third-degree felony obstruction of justice.
The unclassified felonies are punishable by maximum prison sentences of 15 years to life. The kidnapping charges are punishable by maximum prison sentences of 11 years. Tampering with evidence and obstruction are each punishable by maximum sentences of 36 months in prison.
The Saunders have three children who are currently in custody of Crawford County Children’s Services. Marla Saunders is also in the 34th week of a pregnancy and is expecting twins. The judge said the matter of the babies’ health at birth must be considered and encouraged Stone and Crall to be prepared with possible solutions at a hearing in the matter that could be held as soon as Wednesday.
Leuthold also said he expects to deal with a motion for consolidation of the cases and the matter of evidence to be dealt with at that hearing.
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