By Krystal Smalley
ksmalley@wbcowqel.com
Justice is not always swift. It can be extremely deliberate and cautious, especially when it comes to cases that involve alleged murder.
Crawford County Common Pleas Court Judge Sean Leuthold is being meticulous when it comes to alleged murderer charges against Frederick Saunders, Jr. and Marla Saunders, which is why he has not yet made a decision to consolidate the cases.
The husband and wife duo allegedly purposefully caused the death of Saunders’ father, Frederick Saunders, Sr., on Sept. 30.
Saunders Sr. was taken to the emergency room of the Galion Community Hospital on the night of the incident. After being pronounced deceased, he was taken to a funeral home where, County Prosecutor Matthew Crall alleged in a Municipal Court hearing in October, the family attempted to have the body cremated “rather quickly.” During that hearing, Crall also presented Judge Shane Leuthold with photos of the body, which documented multiple marks consistent with a physical beating.
Preliminary results from the Lucas County Coroner’s Office indicted that Saunders Sr. died as a result of strangulation and blunt force trauma to the skull.
Frederick Saunders Jr. and Marla Saunders have been in the county jail since being arrested in early October but defense attorney Adam Stone made a motion Thursday morning to consolidate the cases.
“They want this case to be tried together because it’s their decision. They are husband and wife,” argued Stone, adding that his clients have been charged with nearly similar charges. “They are looking at it as the standpoint that they rise and fall together . . . They have done that for years.”
Leuthold, Crall, and Stone acknowledged the evidentiary issues that could arise if the cases were joined, notably the Bruton rule, which holds that the constitutional right of a defendant is violated if the co-defendant’s confession is used against a non-confessing defendant in their joint trial. The right to confront and cross-examine the government’s witness against the defendant is guaranteed by the Sixth Amendment.
Crall argued against consolidating the cases despite the economical allowances it gives the court and county.
“The law sometimes doesn’t allow us to be efficient,” Crall said. “This is one of the rare instances where the state contends the statements can unduly prejudice a defendant.”
He added that facts from one confessing statement could make it hard for a jury to determine who was culpable for what.
“We’re speculating at this point at errors that may or may not occur,” defended Stone while pointing out that the jury would hear the same testimony and evidence over and over if the cases were not combined.
“Ultimately, we’re asking the court to slow down,” Stone said.
Leuthold agreed there were evidentiary issues, especially when it came to the defendants’ statements. If tried separately, Leuthold explained, there would be a good chance that the statements could be used against them. If tried together, however, the statements would not be allowed to be used against each other.
“I don’t think this decision can be made right now,” concluded Leuthold. He decided to withhold a ruling on the motion until he could review transcripts of the statements during an in-camera hearing in his office.
A second hearing is scheduled to be set within 30 days to address Stone’s motion.
Frederick Saunders Jr. and Marla Saunders are both charged with first-degree felony kidnapping and third-degree felony tampering with evidence. Saunders Jr. is also charged with the unclassified felony of aggravated murder while his wife is charged with complicity to aggravated murder, also an unclassified felony, and third-degree felony obstruction of justice.
The unclassified felonies are punishable by up to 15 years to life in prison while the kidnapping charges carry maximum sentences of 11 years in prison. The third-degree felonies are punishable by up to 36 months in prison.
Marla Saunders’ twin sister, Carla Willoughby, was arrested just weeks after her sister and brother-in-law in the death of Saunders Sr. Though she was charged with an unclassified felony of complicity to commit aggravated murder, kidnapping, tampering with evidence, and obstruction of justice, she pleaded guilty to the two lesser charges on Dec. 21.
Crall acknowledged that neither police nor his office would have ever known about the questionable death of the elder Saunders without the help of Willoughby. His office determined Willoughby did not participate directly in the events that led to the death of Saunders Sr. and agreed to dismiss the complicity to commit aggravated murder and kidnapping charges.
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