Blake Trial Is Set
By FRED CONNORS For the Sunday News-RegisterST. CLAIRSVILLE - The murder trial of Eugene Blake is set to begin in Belmont County on April 6.
Blake, 65, of Huntington, could face Ohio's death penalty if he is convicted of the March 19, 1982, murder of then-21-year-old Mark Withers.
Withers was shot to death and his 17-year-old female companion raped during the early morning hours while the two were parked at Gould Park in Bridgeport.
Blake has been held in the Belmont County Jail under $3 million bond since March.
Belmont County Common Pleas Judge Jennifer Sargus had set an initial trial date for May 12 but that was continued until Nov. 4 at the request of Blake's attorneys. Sargus granted a second continuance moving the trial to April after more defense motions.
Belmont County Prosecutor Christopher Berhalter said Blake's attorneys have filed 38 motions since the defendant was returned to Ohio from West Virginia in March to face the murder charges.
Blake already had been serving 15 years to life in the West Virginia state prison for the 1984 murder of 13-year-old Maryann Hope Helmbright in Wheeling. He is eligible for parole in 2011.
"It is not unusual to have this many motions in a capital murder trial," Berhalter said. "We are expecting more to be filed."
Among the most recent filings, assistant Ohio public defenders William J. Mooney and Claire R. Cahoon asked that Blake be permitted to order legal and religious books - at his own expense - so he can further educate himself on Ohio law and trial procedures. Sargus granted the request.
Berhalter said another significant motion is one in which prosecution and defense lawyers agree to a jointly proposed jury questionnaire comprised of 20 to 25 pages.
In a previous motion, Blake's attorney's asked for a change of venue because they do not believe he can receive a fair trial due to pretrial publicity by the media. Sargus declined to rule on the motion until after an attempt has been made to seat a jury.
The judge also denied a motion for closure of all pretrial hearings - an attempt to limit media access to the proceedings.
She did rule that Blake could appear in future hearings in civilian clothing and without restraints. And Sargus took under advisement a motion that attorneys not be permitted to use the terms "guilt phase" and "penalty phase" during court proceedings.
Berhalter is troubled but being patient about the delays.
"I can imagine how difficult it must be for the Withers family being made to wait," he said. "But we will get there."
Court proceedings in Blake's case are based upon 1982 Ohio law.
"Since the alleged murder occurred in 1982, we are applying the law of that time in any plea or sentencing matters," Berhalter said.
He said aggravated murder laws in 1982 called for the death penalty or life in prison with parole eligibility in 15 years.
According to Berhalter, conviction of aggravated murder with a death penalty specification today could lead to the death penalty, life without parole, life with eligibility for parole after 20, 25 or 30 years, respectively.
Meanwhile, Blake is presenting no problems to jail authorities in Belmont County.
"He's been an excellent prisoner," said Sheriff Fred Thompson. "He had done everything that a model prisoner is expected to do."
Blake also was convicted for the 1967 murder of Donna Jean Ball in Wayne County, W.Va.
|
Rusty1
|
|
|---|---|
|
01-04-10 8:25 AM
|
This piece of trash needs to stop wasting our air.
|
|
lonedog44
|
|
|
01-04-10 12:06 AM
|
we know from history, that this filthy animal, for sure killed an 18 year old young woman and a 13 year old child, and through legal razmataz both times got out of a life without mercy sentence... they need to put the needle in his arm... politics never came into it when he was murdering those 3 precious young live, THAT WERE IN IF FACT SNUFFED OUT, LIKE SOMEONE BLEW OUT A CANDLE.. surely if he were a mad dog he would have got the needle long before now.... this isn't and shouldn't be about political anything... this should be about a murderer getting the justice that he DESERVES!!!!!
|
|
daddybig8
|
|
|
01-03-10 10:10 PM
|
i think something is rotten in denmark
|
|
formerohvalleyresident
|
|
|
01-03-10 6:48 PM
|
Bad4u, COME ON with that Huckabee sh*t! Clemmons was a BLACK MAN convicted of a non-violent aggravated robbery who got 108 years on a FIRST OFFENSE !! Huckabee commuted his sentence to 66 years. Clemmons also had the backing of Pulaski County Circuit Judge Marion Humphrey, who urged the board to grant clemency. Humphrey later presided over Clemmons' 2004 wedding in his court chambers! The prison BOARD eventually released Clemmons after 11 years in the pen and a somewhat violent record in there, NOT HUCKABEE. He committed another 12 felonies and STILL was being held on only $200K bond which took $20K cash to a bondsman. Washington State made a huge mistake on that and it cost 4 WHITE officers their lives unfortunately. Clemmons had a LOT of help on the road to h*ll. Tell me a liberal governor would not do the same thing or worse? As for Mr. Blake, lethal injection is too merciful for the basturd!
|
|
Mallace
|
|
|
01-03-10 5:42 PM
|
I am anxious for this to go to trial and be over for my family. My aunt, cousins and other family members deserve to see justice served. We have suffered long enough.
|
|
Reactionary
|
|
|
01-03-10 2:14 PM
|
(good4u)-- "It is so easy to blame everything on ' liberals' but please don't throw stones in glass houses ! " I didn't make that comment , good. But most defense attorneys are liberals. A lot of the politicos that get to write and pass sweeping "Touchie/feelie" crime laws are liberals. Time was , when a person was convicted of murder, he was hanged. Now he has to be educated, medicated, habitated and compensated. I for one, don't confuse legal justice with liberal compassion for the accused. I guess you do.
|
|
ConservativeKaty
|
|
|
01-03-10 2:11 PM
|
Eugene, don't worry. The ACLU will spring you right fast when they liberate and liberalize the whole Ohio Valley.
|
|
EllisWyatt
|
|
|
01-03-10 1:41 PM
|
good4u Don't even try and push that "Mike Huckabee is a conservative" BS on me. Huckabee is about as conservative as George Bush, Bob Dole, Newt and John McCain, which is to say, not very conservative at all. Huckabee-"The Huckster"-is a joke. He has always been a joke. The fraud known as the Republican Presidential primary in 2008 permitted a few well-connected Republicans, and Huckabee supporters, to hi-jack the primary away from Romney. The Huckster stole WV from Romney and Romney's losses snowballed from there. If it hadn't been for the Huckster and his fake Republican supporters, Romney would have steamrolled his way to the nomination and-take my word for this-would have BADLY defeated Barry Hussein Sotero in the general election. The Huckster calling himself a conservative is about on par with Barry Sotero calling himself a Christian-it just isn't true.
|
|
myunclemark
|
|
|
01-03-10 1:38 PM
|
Mark was my uncle that I never really knew because he was taken away from my family when I was 2, it's nice to see everyone’s support in these blogs supporting the fact that this guy does not deserve to live, model prisoner or not. All I have of my uncle is a picture and a few faint and distance memories. The most disturbing thing is I’m sure this Monster has never lost a night of sleep for what he has done and the true pain and trouble he caused for my family and the others. I would especially like to thanks Mr. Berhalter and the investigators that never gave up and helped us bring this to some sort of closures.
|
|
WilliamB
|
|
|
01-03-10 1:11 PM
|
Mark Withers was a classmate and friend of mine. Justice may be late in arriving, but perhaps justice will now be meted out. We can only hope!
|
|
good4u
|
|
|
01-03-10 10:47 AM
|
Like 'conservatives ' (i.e. repubs, cronies, mavericks..) don't have blood on their hands... Does Mike Huckabee's part in releasing a former murderer only to murder again ring a bell? Yes it does but we don;t talk about that.. We keep it hush hush because the repubs are true Americans... It is so easy to blame everything on ' liberals' but please don't throw stones in glass houses !
|
|
justmytake
|
|
|
01-03-10 10:38 AM
|
Yea he was a model prisoner after his first murder conviction too. Then through some questionable actions he was released only to murder again. Since he's such a model prisoner he should be kept in prison because he is not a model citizen.
|
|
Reactionary
|
|
|
01-03-10 10:21 AM
|
"Belmont County Prosecutor Christopher Berhalter said Blake's attorneys have filed 38 motions since the defendant was returned to Ohio from West Virginia in March to face the murder charges." What's going on here? This guy is the WORST kind of human trash and a bankrupt County is spending money it doesn't have to prosecute a criminal, that should just come up missing! "He's been an excellent prisoner," said Sheriff Fred Thompson. "He had done everything that a model prisoner is expected to do." The guy is being treated like a celebrity, being a "Model Prisoner". He should be chained to a wall in the basement of the prison. He was found guilty of 2 murders, suspected of a third, and rape. Why is this guy still breathing?
|
|
JamesT
|
|
|
01-03-10 10:17 AM
|
Gotta love liberal laws written by lawyers to pad thier pockets, judicially administered by liberal lawyers. Wis we could move these criminals next door to the judges and sleazy lawyers!
|
|
Bossman011
|
|
|
01-03-10 3:33 AM
|
Hope he croaks.
|
|
EllisWyatt
|
|
|
01-03-10 12:29 AM
|
Those of you who petitioned to have this lowlife freed from prison have blood on your hands. Liberal do-gooding led DIRECTLY to the murder of another human being. I don't know how you can sleep at night.
|