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Updated: 7:19 p.m. Monday, April 30, 2012 | Posted: 7:18 p.m. Monday, April 30, 2012
Staff Writer
A Butler County judge denied motions Monday for defense funds and set a July trial date for 17-year-old Lance Tiernan, who is charged as an adult in the death of Anthony Parker, another teen at the One Way Farm Children’s Home.
Tiernan’s lawyers, Charlie M. Rittgers and Nick Graman, are representing the former Lebanon High School student for free and asked Common Pleas Judge Patricia Oney for funds to pay a private investigator, a retired police officer and a medical expert to review Parker’s medical records.
Rittgers said Oney told the counselors during an hourlong in-chambers meeting that tight county coffers can’t pay for a private investigator except for capital cases. They withdrew that motion.
Butler County Prosecutor Mike Gmoser opposed the defense’s motion for $2,000 to pay for a retired police officer to examine and likely testify about the “caliber” of the investigation into the incident at the Fairfield Twp. home in December.
“The request is made on the basis that a witness may be able to say something about what another witness would have, could have or should have done is not material nor appropriate to any issue in this case,” Gmoser said.
Rittgers said he knew the motion was a long shot.
“We knew it was a stretch to begin with,” he said. “But it’s better than sitting there and letting them present a case and we only have cross examination.”
The case against Tiernan was transferred from juvenile to adult court in February, and a grand jury indicted him earlier this month in the Dec. 19 attack. Parker, a 16-year-old Fairfield High School student, died of his injuries Dec. 28 after more than a week on life support at Cincinnati Children’s Hospital Medical Center.
Parker and another boy were arguing over ownership of a flashlight when Tiernan, apparently tired of the bickering, attacked, prosecutor’s say. Tiernan allegedly struck Parker in the head, then picked him up and slammed his head into the hard floor.
Staff at the group home found Parker unresponsive three hours later during a routine bed check.
Oney held in abeyance Rittger’s motion for $3,000 to hire a doctor to examine Parker’s medical records. Gmoser said Tiernan needs to show a “particularized need” for the expert. Oney scheduled another hearing for May 14. The trial was set for July 10.
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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