LISBON –The jury trial of Kevin E. Kirby, charged in the 2012 murder of Melinda Todd and severe injuries to her 5-year-old grandson, remains on scheduled for Oct. 5.
On Monday morning, Common Pleas Court Judge Megan Bickerton denied two recently filed motions of defense attorneys James Wise and Paul Conn, including one to have the trial continued.
The other motion was a request for additional discovery, which included the telephone call records from three potential witnesses housed at the county jail — William Keyes, Mark Fraser and Brandon House.
During Monday’s hearing, Chief Assistant County Prosecutor Ryan Weikart said the defense attorneys are asking the prosecutor’s office for records that they do not have in their possession and called the request a “fishing expedition.”
Bickerton noted that a motion filed in early July by the prosecutor’s office for discovery from the defense attorneys was responded to with information on Monday morning, despite a late July deadline. She gave the prosecutor’s office until Friday’s motion hearing to file any concerns arising from that discovery.
Friday’s motion hearing also will be used to address any concerns about keeping any past criminal activities or convictions against Kirby away from anything the jurors would hear.
Kirby, 46, is charged with two counts of aggravated murder, one count of attempted murder and one count of tampering with evidence. Kirby was charged in 2019, nearly seven years after the blunt force trauma homicide of Todd in her Salem Township home.
He remains in custody on a $1 million cash or surety bond pending his trial. He could face 15 years to life in prison on each of the aggravated murder charges.
djohnson@mojonews.com
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