Judge: Coroner is able to testify at sheriff's trial

The Lucas County coroner and a deputy coroner will be allowed to testify at the November trial of Sheriff James Telb and his three co-defendants that an inmate died from a sleeper hold and that the death was a homicide, a federal judge has said.

U.S. District Court Judge David Katz issued an 11-page order denying the request to limit the expert opinions of three forensic pathologists.

The request, filed on behalf of each of the defendants, was one of several issues decided in Friday's order.

Also issued was an order that grants the government's request to exclude the criminal allegations against Carlton Benton, who died in custody at the Lucas County jail in 2004 while he was awaiting trial on charges in a double homicide case.

The motions are among several that have been filed since the start of the case.

The men are scheduled to go to trial Nov. 1.

The sheriff was charged in a 12-count indictment in April, 2009, that also named John Gray, a retired sergeant, Jay Schmeltz, a retired deputy sheriff, and Capt. Robert McBroom, an investigator with the Internal Affairs Department.

The four are charged with crimes in connection with the death June 1, 2004, of Mr. Benton, who was in custody awaiting trial for aggravated murder.

He died in Mercy St. Vincent Medical Center.

According to a revised ruling released March 26 by the Lucas County coroner, his death was caused by asphyxia resulting from a sleeper hold.

It was this ruling on which defense attorneys sought to limit testimony in a sealed motion filed in April.

Specifically, attorneys said the defense is objecting to testimony that points to the sleeper hold as the cause of death rather than other scientifically plausible explanations, such as a seizure disorder from which Mr. Benton indisputably suffered.

" … We don't dispute they are experts," defense attorney Richard Kerger said.

"We are questioning whether they can reach certain conclusions and rule out other plausible explanations. We're questioning this particular [scientifically based opinion] based on the evidence they have."

In his ruling, the judge stated the experts would be able to testify during the trial that the cause of death "by the application of a sleeper hold in the medical cell," and that the jury would ultimately determine how much weight should be placed on these experts' opinions.

"While it is assumed that the defendants would prefer the court restrict the testimony of the government's expert pathologist to the opinions that the case of Carlton Benton's death, anoxic encephalopathy, was consistent with application of a 'sleeper hold' [as contrasted to 'the' cause of death], that issue will surely be forcefully asserted through vigorous cross-examination," the court ruled.

"Thus, the opinions, as outlined above, are appropriate. …"

The defense has since filed a motion to reconsider this ruling, asserting the judge overruled the motion based on a rule of evidence that does not apply to the issue they raised.

Also decided was the government's motion requesting that the nature of Mr. Benton's alleged crimes not be referred to during the trial.

Judge Katz agreed that mention of the homicides for which Mr. Benton was accused - and the possible death penalty he faced - would serve more as character evidence.

"Having reviewed the memoranda and arguments of the parties, this court finds that the alleged crimes are not relevant to the present charges against the defendants," the judge ruled. "There is nothing to indicate that Defendants Gray and Schmeltz were aware of the specific charges pending against Carlton Benton at the time of the confrontation in the jail."

Attorney Spiros Cocoves, who represents Mr. Gray, was unavailable for comment.

Attorney Jeff Helmick, who represents Mr. Schmeltz, declined to comment on the pending case.

Judge Katz scheduled a final pretrial hearing on outstanding issues for Oct. 1.

Jury questioning is to take place Oct. 19-21.

Captain McBroom's attorney, Jon Richardson, said Wednesday there has been no plea discussions and that the case will proceed to trial.

"We're ready for trial," he said.

Contact Erica Blake at:

eblake@theblade.com

or 419-213-2134.