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Trial in Lowther murder delayed: Dukes accused in Rootstown death

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Dave O'Brien
December 29, 2009

 

By Dave O’Brien

Record-Courier staff writer

An unexpected delay has pushed one of Portage County’s numerous upcoming murder trials further back from the beginning of 2010. 

Jonathan H. Dukes, 23, of Ravenna Township will stand trial Feb. 22 in the murder of Richard Lowther, Portage County Common Pleas Court Judge John Enlow ruled Monday. Enlow granted the continuance because of the death Sunday of defense attorney William Whitaker’s father. 

Enlow said jury selection in Jonathan Dukes’ trial would start Feb. 17 and continue Feb. 18 if necessary.

In a motion filed Monday with the court, Whitaker also cited as grounds for a continuance “the extensive discovery provided to counsel who is relatively new to this case, the need to find a medical expert and review the medical evidence in the case with the expert” and the need for the defense’s investigator to complete his report. 

Whitaker also filed a motion Dec. 22 for a change of venue in Jonathan Dukes’ case, citing adverse and widespread pretrial publicity on both the Internet and in print. Enlow has yet to rule on the change of venue motion, according to court records. 

Co-defendant Cortez Oliver, 21, also appeared in Common Pleas Court Monday for a status hearing. Defense attorney Troy Reeves asked Judge Laurie Pittman to allow his investigator permission to examine the crime scene, as well as to meet with and interview his client’s co-defendants.

Portage County Prosecutor Victor Vigluicci objected to allowing the four defendants, as he put it, to meet and “get their stories straight.” 

Oliver’s trial is set for Feb. 2, making him the first of the four to go on trial in the case. 

The four co-defendants allegedly were involved in the beating of Lowther, 68, after barging into his home July 2 and stealing $185 in commemorative coins. Left paralyzed by the attack, Lowther died July 30. 

Co-defendant Jodi L. Fetty allegedly helped Jonathan Dukes and Oliver gain entry to Lowther’s residence, while Darrell L. Dukes, 22, allegedly drove the getaway car. Darrell Dukes’ trial is scheduled for Feb. 25. 

Fetty, 28, pleaded guilty Dec. 18 to complicity to murder, aggravated robbery and aggravated burglary. Through her attorney, she has made it know to prosecutors that she intends to cooperate with their prosecution of the others.

 




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 6 Total Comments
6.
    Posted by Vydunas January 2, 2010
With voir dire abuse, it's questionable whether anyone gets a "jury of peers". And with malinformed juries, there are fewer and fewer fair trials. But if the goal is to judge "on the facts" (which is what judges, prosecutors and defense tell us when they're gaming the system) then there is nothing wrong with moving a trial to a place where fewer people "know" something that isn't so about the case.

5.
    Posted by DoWhatsRight December 30, 2009
I question the right for a change of venue in any crime. I think it should be tried in area that it occurred, and the jury must come from that area. This would be the only true way of obtaining a jury of your peers. Hell if you moved this to Detroit or DC they most likely would not consider it as a felony. Before some of you start to type, I know you can not change it to these cities. They were used just for effect.

4.
    Posted by Vydunas December 30, 2009
Whatever...if they want a change of venue, that's fine with me. They wouldn't even be acquitted in California.

Pity about that 8th Amendment. Jonny really needs his head twisted off.

3.
    Posted by mistressdiva1@yahoo.com December 29, 2009
I went to school with each of these guys and what cowards they are! Granted they didn't seem like this type in school but I agree they deserve to be hung as well. That poor elderly man didnt deserve that.

2.
    Posted by bqwhotoo1 December 29, 2009
What the heck do these 4 need to get together and get their stories straight? If they all told the truth their stories would match without having to get together to make crap up in who did what. This absolutely makes me sick to think that they beat this man so severely that he suffered almost 2 full months before he died. When i read this story all i can do is think how i would feel if this was my father that they had done this to.

I agree with bdog,,,,hang em, and hang em high! in the center of town would work nicely.

1.
    Posted by bdog December 29, 2009
Hang these punks already.

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