GA - Mary & Elwyn Crocker Jr, both 14, starved, beaten & buried, Effingham Cnty, 20 Dec 2018 Arrests

[Niner]

Nothing for Elwyn

Docket update:

Kim:

Filings
Dkt # Doc Type Description Filing Date Filer
314 Notice notice of status hearing 09/26/2023 Anderson, Kathy
(Joint hearing w/Mark W).

Mark:

Filings
Dkt # Doc Type Description Filing Date Filer
277 Notice notice of status hearing 09/26/2023 Anderson, Kathy
(Joint hearing w/Kim W).

Both:

Hearings
Event Event Description Date
Calendar criminal motion calendar - joint status hearing @10:00am 10/26/2023 09:00 AM

Calendar criminal motion calendar - motion hearings 09/06/2023 09:00 AM


link: Document Access and Electronic Filing

 

[watcher9]

More in depth on lawsuit filed against school district.

Effingham County School District faces lawsuit in Crocker case

SPRINGFIELD, Ga. (WSAV) – The Effingham County School District (ECSD) now faces a multi-million dollar lawsuit by the estate of Mary Crocker, a teen found buried along with her brother at their Guy…

www.wsav.com

 

[Niner]

No updates for Elwyn


for Kim & Kim

Filings
Dkt # Doc Type Description Filing Date Filer
315 Notice of Hearing amended notice of joint status hearing 10/19/2023 Anderson, Kathy
[Time was changed to 1pm from 9am]

link: Document Access and Electronic Filing

 

[Niner]

Thursday, October 26th:
*Status Hearing for both (@ 1pm ET) - GA – Mary Frances Crocker (14) & Elwyn John Crocker, Jr. (‘JR’) (14) (Mary died Oct. 18, 2018, Elwyn died about Nov. 30, 2016 & both discovered Dec. 20, 2018 buried in backyard, Guyton) – *Kimberly Renee Wright (50/now 54) (“step-grandma”) arrested (12/20/18), charged (1/29/19), indicted (3/18/19) & arraigned (4/17/19) & re-arraigned (2/19/20) with 2 counts of malice murder, 2 counts of felony murder for the deaths of Elwyn, Jr. & Mary, 1 count of sexual battery, 4 counts of cruelty to children, 2 counts of false imprisonment & 2 counts of concealing a death. Plead not guilty (2/19/20). No bond. DA will seek DP.
Court info from 10/3/19 thru 6/29/23 reference post #438 here:
https://www.websleuths.com/forums/t...ngham-cnty-20-dec-2018-arrests.406245/page-22
8/21/23: Miscellaneous: (313): Motion for original transcript filed by Kaleigh Townsend. Next motions hearing on 9/6/23 @ 9am.
9/6/23 Update: Notice (314) Next joint status hearing with Mark Wright on 10/26/23 @ 9am. 10/19/23 Update: (315) Notice of amended hearing of joint status hearing on 10/26/23 time to 1pm from 9am.
*Mark Anthony “Tony” Wright (31/now 35) (bro of Candice) arrested (1/8/19), charged (1/29/19), indicted (3/12/19) & arraigned (4/17/19) & re-arraigned (2/19/20) with malice murder & felony murder in Mary’s death, 1 count of sexual battery, 2 counts of cruelty to children, 2 counts of concealing a death (Mary & Elwyn) & 1 count of false imprisonment. No bond. DA will seek DP.
Wright is brother of Elwyn Sr.'s wife, Candice & overheard a family discussion about Mary's death & called an aunt, who tipped off authorities. Judge F. Gates Peed has also imposed a gag order prohibiting attorneys and investigators from discussing the case outside court.
Court info from 12/20/19 thru 8/7/23 reference post #438 here:
https://www.websleuths.com/forums/t...ngham-cnty-20-dec-2018-arrests.406245/page-22
8/21/23: Leave of absence (272): for Allan Sincox for professional training on 9/7, 10/5, 11/2, 11/7-10, 12/14, 1/4/24 & 2/1/24. Leave of absence (273): for Melinda Ryals for professional training on 9/7, 10/5, 11/2, 11/7-10, 12/14, 1/4/24 & 2/1/24 both filed by Melinda Ryals. Misc. (274) Motion for original transcript filed by Kaleigh Townsend. Next motions hearing on 9/6/23 @ 9am.
9/6/23 Update: Leave of absence (275) amended leave for Melinda Ryals: 11/2: Dr. appointment, 10/16=17: Mandatory training, 11/2: Professional training. 11/3; Dr. appointment, 11/7-10, 12/14, 1/4/24 & 2/1/24: Professional training. 9/15/23: (276) Leave of Absence (10/16-17, 11/2, 11/7-10, 12/14/23 & 1/4/24 & 2/1/24 for professional training) filed by Allan Sincox.
9/6/23 Update: Notice (277) Next joint status hearing with Kim Wright on 10/26/23 @ 9am. 10/19/23 Update: (277) Amended Notice of joint status hearing on 10/26/23 time to 1pm from 9am.
*Elwyn John Crocker, Sr. (50/now 54) (“father”) – Motions hearing on 9/6/23. No update 10/25
*Roy Anthony Prater (55/now 59) - 10/24/19 Update: Plead guilty. Sentencing delayed until all defendants’ cases are complete. Will testify against the other 3 defendants.
*Candice Heather Crocker (33/now 38) (“step-mom”) - 10/15/20 Update: Plead guilty to 2 counts of malice murder, 2 counts of cruelty to child, to 2 counts of concealing a death & 2 counts of false imprisonment. Rest of the charges were Nolle Prosequi (dismissed). Sentenced to life without parole & credit for time served (12/20/18 to 10/21/20) to be served concurrently. In plea deal she must testify against the other 3 defendants.

 

[Niner]

docket updates

for Kim:

Filings
Dkt # Doc Type Description Filing Date Filer
316 Event
EVENT - status hearing before judge peed. both attorneys for defendant were present in the courtroom. kelly claxton was the court reporter and ms. anderson - law clerk all present in the magistrate courtroom where the hearing was held. 10/26/2023


for Mark:

Dkt # Doc Type Description Filing Date Filer
279 Event EVENT - status hearing before judge peed. both attorneys for defendant were present in the courtroom. kelly claxton was the court reporter and ms. anderson - law clerk all present in the magistrate courtroom where the hearing was held. 10/26/2023

link: Document Access and Electronic Filing


Nothing for Elwyn

and no next court date yet.

 

[Niner]

Crocker Case Gets New Judge After Ex Parte Communications by DA’s Office • The Georgia Virtue

Elwyn John Crocker Sr. and his co-defendants facing the death penalty for the deaths of his two children, Elwyn Jr. and Mary, will have a new judge presiding over the case. - South Georgia Local News

www.thegeorgiavirtue.com

Oct. 27, 2023
Elwyn John Crocker Sr. and his co-defendants facing the death penalty for the deaths of his two children, Elwyn Jr. and Mary, will have a new judge presiding over the case.

The decision follows a motion by defense attorneys in July of 2023 over ex parte communications by the state with the judge and unlawfully obtained medical records.
[.....]

Basis of the Recusal​

• There was an apparent violation of the Code of Judicial Conduct
• Crocker’s constitutional right to privacy was violated
• Prosecutors obtained a court order not permitted by law

 

[Niner]

Nothing for Elwyn.
And it looks like these 2 are getting split up!

for Kim
Filings:
Dkt# Doc Type Description Filed on Filer
317 Order ninth scheduling order 11/02/2023 Anderson, Kathy
[Exchange of all discovery, including reciprocal discovery shall be complted on or before 12/14/23. All motions shall be filled on or before 1/29/24. All pending motions will be heard on 2/13/24 thru 2/16/24 all at 9am.

Events
Event Type Event Description Court Date
Calendar criminal motion calendar - pending motions 02/16/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/15/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/14/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/13/2024 09:00 AM

Calendar criminal motion calendar - joint status hearing @ 01:00 pm - magistrate courtroom 10/26/2023 09:00 AM

link: Document Access and Electronic Filing



for Mark:
Filings:
Dkt# Doc Type Description Filed on Filer
280 Order ninth scheduling order 11/02/2023 Anderson, Kathy
[Exchange of all discovery, including reciprocal discovery shall be complted on or before 12/14/23. All motions shall be filled on or before 1/29/24. All pending motions will be heard on 2/20/24 thru 2/23/24 all at 9am.

Events
Event Type Event Description Court Date
Calendar criminal motion calendar - pending motions 02/23/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/22/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/21/2024 09:00 AM

Calendar criminal motion calendar - pending motions 02/20/2024 09:00 AM

Calendar criminal motion calendar - joint status hearing @ 01:00 pm - magistrate courtroom 10/26/2023 09:00 AM


link: Document Access and Electronic Filing

 

[watcher9]

The lawsuit claims that the Walmart in Rincon continued to employ Crocker Sr. even after it was made aware of child predator behavior.

Lawsuit: Effingham Co. store received reports that Crocker Sr. was a pedophile while working as Santa Claus

A new lawsuit was filed Tuesday on behalf of the estate of Mary Crocker. The young girl who was found dead with her brother in their backyard in Effingham County five years ago.

www.wtoc.com

 

[Niner]

Oops - have not looked at this for awhile - a few docket updates. No new hearing date for Elwyn yet. Kim hearing on 2/13 to 2/16/24 for all pending motions & Mark on 2/20 thru 2/23/24 for motions.

Elwyn:

Filings
Dckt# Doc Type Description Filing Date Filer
505 Motion motion (#8) to compel discovery 12/14/2023 Breedon, Matthew

506 Proceeding index of state's motions 12/14/2023 Breedon, Matthew

link: Document Access and Electronic Filing


Kim

Filings
Dckt# Doc Type Description Filing Date Filer
318 Notice notice of intent to admit child hearsay 12/12/2023 Breedon, Matthew

319 Notice motion no. 1 - notice of intent to admit co-conspirator statements 12/12/2023 Breedon, Matthew

320 Notice notice of intent to introduce records of regularly conducted activity 12/12/2023 Breedon, Matthew

321 Motion motion in limine to admit the internet searches of mark wright 12/12/2023 Breedon, Matthew

322 Motion motion for a pretrial ruling on the admissibility of intrinsic evidence and evidence under o.c.g.a. ? 24-4-404(b), 24-4-413, and 24-4-414 12/12/2023 Breedon, Matthew

323 Proceeding index of state's motions and responses as of 12/12/23 12/12/2023 Breedon, Matthew

324 Notice notice of inabilityto comply with order setting a deadline for completion of discovery 12/14/2023 Studelska, Nathanial

325 Motion state's response to defendant's notice of inabilityto comply with order setting a deadline for completion of discovery 12/14/2023 Breedon, Matthew

link: Document Access and Electronic Filing


Mark:
Filings
Dckt# Doc Type Description Filing date Filer
281 Notice state's notice of intent to admit child hearsay 12/13/2023 Breedon, Matthew

282 Notice state's notice of intent to admit statements under o.c.g.a. ?24-8-801(d)(2)(e)
12/13/2023 Breedon, Matthew

283 Notice state's notice of intent to admit business records 12/13/2023 Breedon, Matthew

284 Motion state's motion for a pretrial ruling on the admissibility of intrinsic evidence and evidence under o.c.g.a. ? 24-4-404(b), 24-4-413, and 24-4-414 12/13/2023 Breedon, Matthew

285 Proceeding state's index of motions and responses 12/13/2023 Breedon, Matthew

286 Notice notice of inabilityto comply with order setting a deadline for completion of discovery 12/13/2023 Sincox, Allan

287 Notice 12/14/2023 Sincox, Allan

288 Motion state's response to defendant's notice of inability to comply with order setting a deadline for completion of discovery 12/14/2023 Breedon, Matthew

289 Leave of Absence leave of absence for melinda ryals (2/1/24 & 4/11/24) 12/28/2023 Ryals, Melinda

link: Document Access and Electronic Filing

 

[Niner]

Nothing for Elwyn.

for kim:
Dkt# Doc Type Description Filing Date Filer
326 Miscellaneous originaltranscript - 10/26/23 status hearing, chief judge f. gates peed presiding
01/01/2024 Claxton, Kelly

link: Document Access and Electronic Filing


for Mark:
Dkt@ Doc Type Description Filing Date Filer
290 Miscellaneous originaltranscript - 10/26/23 status hearing, chief judge f. gates peed presiding
01/01/2024 Claxton, Kelly

291 Leave of Absence leave of absence for allan sincox {for 2/1/24 & 4/11/24] 01/02/2024 Ryals, Melinda


link: Document Access and Electronic Filing

 

[Niner]

Just noticed - both their motions hearings have been vacated - will rescheduled later....

Kim:

Dkt# Doc Type Descriptiion Filing Date Filer
327 Conflict Letter conflict letter 01/26/2024 Studelska, Nathanial

328 Motion motion to exclude the death penalty 01/29/2024 Studelska, Nathanial

329 Order order vacating hearing [Vacated motions hearing 2/13-2/16/24] 02/01/2024 Anderson, Kathy

link: Document Access and Electronic Filing



Mark - TONS of motions!

Dkt# Doc Type Description FIling Date Filer
292 Motion motion to number previous unnumbered motions 01/25/2024 Ryals, Melinda

293 Motion motion to adopt and conform applicable motions of other defendants 01/25/2024 Ryals, Melinda

294 Motion motion to compel disclosure of confidential informants 01/25/2024 Ryals, Melinda

295 Motion motion for an order appointing impartial witness monitor 01/25/2024 Ryals, Melinda

296 Motion motion for order requiring state to give notice of all supoenaed witnesses 01/25/2024 Ryals, Melinda

297 Motion motion to exclude members of law enforcement agencies from sitting in courtroom in uniform or wearing identifiable shields 01/25/2024 Ryals, Melinda

298 Motion motion to extend time for closing argument 01/25/2024 Ryals, Melinda

299 Motion motion to limit jury exposure to extra-judicial excessive displays 01/25/2024 Ryals, Melinda

300 Motion motion to randomly arrange the jury panel 01/25/2024 Ryals, Melinda

301 Motion motion for disclosure of favorable evidence 01/25/2024 Ryals, Melinda

302 Motion motion to preclude admission of gruesome and highly prejudicial color photographs of the deceased
01/25/2024 Ryals, Melinda

303 Motion motion to preclude state from pursuing inconsistent theories of the crime in separate trials of elwyn crocker, kimberly wright, and mark anthony wright 01/25/2024 Ryals, Melinda

304 Motion motion reserving right to file additional motions 01/25/2024 Ryals, Melinda

305 Motion motion to suppress maw statements and motion for order excluding involuntary admissions and confessions and for a pretrial jackson v denno hearing 01/25/2024 Ryals, Melinda

306 Motion motion to bar death penalty due to evolving standards of decency 01/25/2024 Ryals, Melinda

307 Motion motion to protect maw 6th amendment right to counsel and contesting any severance of an existing joint defense agreement 01/25/2024 Ryals, Melinda

308 Motion motion to dismiss the dp due to the failure, in practice, of existing dp procedures to meet the minimum constitutional requirements set forth in furman, gregg, their progeny and req for evid. hearing 01/25/2024 Ryals, Melinda

309 Motion motion for a change of venue 01/25/2024 Ryals, Melinda

310 Motion motion for separate evidentiary hearing on motion for change of venue [in advance of trial] 01/25/2024 Ryals, Melinda

311 Motion motion to limit the use of the word murder 01/25/2024 Ryals, Melinda

312 Motion motion in limine to prevent state actors or witnesses from referencing or commenting on exercise of any constitutional rights of defendant 01/25/2024 Ryals, Melinda

313 Motion motion to prevent introduction of non-statutory aggravating evidence including victim impact
01/25/2024 Ryals, Melinda

314 Motion motion to bar prosecution from seeking dp because it is being sought upon the worth and status of the victim
01/25/2024 Ryals, Melinda

315 Motion motion to suppress maw arrest warrants and fruits of an unconstitutional arrest 01/25/2024 Ryals, Melinda

316 Motion notion to produce testimony before the superior court of effingham county relating and pertaining to the search warrants issued in this case 01/25/2024 Ryals, Melinda

317 Motion motion to strike state's notice of aggravating circumstances #1 due to failure to state a legally valid statutory aggravating circumstance 01/25/2024 Ryals, Melinda

318 Motion motion for a pretrial hearing to determine whether child competent to testify in dp case and motion to exclude child's bolstered and enhanced testimony 01/25/2024 Ryals, Melinda

319 Motion motion in limine to exclude all evidence from cell phones, tablets, and all electronic devices seized in the investigation of this case 01/25/2024 Ryals, Melinda

320 Motion motion to compel the state to produce documents pursuant to the us and georgia constitutions
01/25/2024 Ryals, Melinda

321 Motion motion for an order directing the state immediately provide defense with specified items which should have been previously tendered to defense 01/25/2024 Ryals, Melinda

322 Exhibits motion 118 exhibit a 01/25/2024 Ryals, Melinda

323 Motion motion for disclosures from the court pertaining to its role as judge over j.c.'s juvenile proceeding and the case in chief of elwyn crocker, kimberly wright, and mark anthony wright 01/25/2024 Ryals, Melinda

324 Motion motion for specific hearing transcripts and judicial orders issued in juvenile court case no. 051-18j-299
01/25/2024 Ryals, Melinda

325 Motion motion for order quashing search warrants purportedly authorizing seizure and search of maw cell phone and suppressing all evidence resulting from seizure and search 01/26/2024 Ryals, Melinda

326 Motion motion for order denying state's request to intro text messages as statements of co-conspirators, or conduct at pretrial hearing to determine admissibility 01/26/2024 Ryals, Melinda

327 Motion motion to dismiss indictments or bar the dp on grounds prosecutors sought indictments in bad faith, knowing they had no evidence maw committed crimes alleged, and deliberately misled gj 01/26/2024 Ryals, Melinda

328 Motion motion bar testimony by co-defendants and jailhouse informants or to give a special cautionary instruction regarding such testimony 01/29/2024 Ryals, Melinda

329 Motion motion to exclude the death penalty on account of arbitrary and vindictive use of prosecutorial discretion arising to the level of prosecutorial misconduct 01/29/2024 Ryals, Melinda

330 Motion motion in limine to prohibit state from introducing any hearsay evidence in violating the confrontation clause and rules of evidence 01/29/2024 Ryals, Melinda

331 Motion motion to conduct pretrial hearing on admissibility of hearsay offered under the "necessity exception" or hearsay evidence offered "to explain conduct" 01/29/2024 Ryals, Melinda

332 Motion motion to compel the state to produce documents pursuant to the us and georgia constitutions with attachment
01/29/2024 Ryals, Melinda

333 Motion response to motion 90 - defendant's motion to adopt and conform applicable motions of other defendants and state's motion to adopt and conform its responses to similar motions of other defendants 01/29/2024 Breedon, Matthew

334 Order order vacating hearing [Vacated Motions hearings 2/20-2/23/24] 02/01/2024 Anderson, Kathy

link: Document Access and Electronic Filing

 

[Niner]

Still no updates on anyone's docket....

 

[Niner]

Ah - finally an update! For Mark only though...

Filings
Dkt # Doc Type Description Filing Date Filer
335 Motion motion to bar the death penalty based on failure to allege proper statutory aggravating factors, disproportioanilty of potential death sentence here, in light of sentences given to more culpable co-defendants & no aallocations of significant participation intent to kill or reckless indifference to life. 03/08/2024 Sincox, Allan

link: Document Access and Electronic Filing

 

[Niner]

Case is moving along slowly... no new court dates for anyone....

No updates for either Kim or Elwyn.

for Mark:

Filings:
Dkt # Doc Type Description Filing Date Filer
336 Motion motion for an order precluding the dp because a death sentence in this case would violate both the federal and state prohibitions against cruel and unusual punishments 03/20/2024 Ryals, Melinda

link: Document Access and Electronic Filing

 

[Niner]

Finally some movement on this case! But no movement on Elwyn's case.

for Kim:
Dkt # Doc Type Description Filing Date Filer
330 Order tenth scheduling order and notice of joint hearing with defendant mark anthony wright
04/02/2024 Anderson, Kathy

331 Order order to file transcript 04/02/2024 Anderson, Kathy


for Mark:
Dkt # Doc Type Description Filing Date Filer
337 Order tenth scheduling order and notice of joint hearing with defendant kimberly wright
04/02/2024 Anderson, Kathy

338 Order order to file transcript 04/02/2024 Anderson, Kathy


for both:
Events
Event Type Event Description Court Date
Calendar criminal trial calendar 05/08/2024 09:00 AM

Calendar criminal trial calendar 05/07/2024 09:00 AM

Calendar criminal trial calendar 05/06/2024 09:00 AM

link: Document Access and Electronic Filing

 

[Niner]

Boy - this is case is never going to move forward....

nothing for Elwyn

for Kim

Filings:
Dkt # Document Description Filing Date Filer
332 Leave of Absence [5/16-5/20/24 & 6/27-6/28/24 04/16/2024 Studelska, Nathanial

333 Miscellaneous original transcript - [Roy Anthony] prater plea 04/18/2024 Tatum, Christine

334 Motion motion to continue may hearings 04/24/2024 Studelska, Nathanial [her attorneys have another trial starting then]

335 Order order vacating hearing 04/26/2024 Anderson, Kathy [Order vacating hearing scheduled in 19th Scheduling Order & Notice of joint hearing w/Defendant Mark Wright on 5/6-5/8/24-Granted]

link: Document Access and Electronic Filing


for Mark

Filings
Dkt# Document Description Filing Date Filer
339 Motion state's response to defendant's motion 121 to bar co-defendant testimony
04/12/2024 Breedon, Matthew

340 Motion state's response to defendant's motion 129 to bar the death penalty as cruel and unusual punishment 04/12/2024 Breedon, Matthew

341 Miscellaneous original transcript - prater plea 04/18/2024 Tatum, Christine

342 Order order granting defendant's motion to number motions
04/19/2024 Anderson, Kathy

343 Order order vacating hearing-[5/6-5/8/24-Granted] 04/26/2024 Anderson, Kathy

link: Document Access and Electronic Filing

 

[Niner]

no updates Elwyn or Kim

for Mark:

filings:
Dkt# Doc Tupe Description Filing Date Filer
344 Motion response to defendant's motion 118 [Motion for an Order directing that the State immediately provide the Defense with the items specifically described herein, which should have been tendered to the Defense as Discovery long ago (Motion #118)] 04/29/2024 Breedon, Matthew

link: Document Access and Electronic Filing

 

[Niner]

I am going to go ahead & post this - so I can shorten them up a bit. Their hearings kept getting cancelled - so a lot of notes!

Monday, May 6th:
*Motions Hearing (Day 1 of 3)-CANCELLED! (@ 10m ET) - GA – Mary Frances Crocker (14) & Elwyn John Crocker, Jr. (‘JR’) (14) (Mary died Oct. 18, 2018, Elwyn died about Nov. 30, 2016 & both discovered Dec. 20, 2018 buried in backyard, Guyton) – *Kimberly Renee Wright (50/now 54) (“step-grandma”) arrested (12/20/18), charged (1/29/19), arraigned (4/17/19) & re-arraigned (2/19/20) with 2 counts of malice murder, 2 counts of felony murder for the deaths of Elwyn, Jr. & Mary, 1 count of sexual battery, 4 counts of cruelty to children, 2 counts of false imprisonment & 2 counts of concealing a death. Plead not guilty (2/19/20). No bond. DA will seek DP.
Judge F. Gates Peed presiding. State attorney Matthew Breedon & Dana Brown Labeau. Defense attorneys Nathanial L. Studelska, Christina Rudy, Jack M. Downie, Sarah M. Downie & Christian Lamar.
Court info from 10/3/19 thru 8/21/23 reference post #444 here:
https://www.websleuths.com/forums/t...ngham-cnty-20-dec-2018-arrests.406245/page-23
9/6/23 Update: Notice (314) Next joint status hearing with Mark Wright on 10/26/23 @ 9am. 10/19/23 Update: (315) Notice of amended hearing of joint status hearing on 10/26/23 time to 1pm from 9am.
10/26/23 Update: Event (316): status hearing before Judge Peed. both attorneys for defendant were present in the courtroom. Kelly Claxton was the court reporter & Ms. Anderson, law clerk all present in the Magistrate courtroom where the hearing was held.
10/27/23 Update: Elwyn John Crocker Sr. & his co-defendants facing the death penalty for the deaths of his two children, Elwyn Jr. & Mary, will have a new judge presiding over the case. The decision follows a motion by defense attorneys in July of 2023 over ex parte communications by the state with the judge & unlawfully obtained medical records. Basis of the Recusal: There was an apparent violation of the Code of Judicial Conduct; Crocker’s constitutional right to privacy was violated & prosecutors obtained a court order not permitted by law.
11/2/23 Update: (317) Order: Ninth Scheduling Order. Exchange of all discovery, including reciprocal discovery shall be completed on or before 12/14/23. All motions shall be filled on or before 1/29/24. All pending motions will be heard on 2/13/24 thru 2/16/24 all at 9am.
12/12/23 Update: (318) Notice of intent to admit child hearsay. (319) Notice-Motion #1-Notice of intent to admit co-conspirator statements. (320) Notice of intent to introduce records of regularly conducted activity. (321) Motion in Limine to admit the internet searches of Mark Wright. (322) Motion for a pretrial ruling on the admissibility of intrinsic evidence & evidence under O.C.G.A 24-4-404(b). (323) Proceeding; index of State's motions & responses as of 12/12/23 all filed by Matthew Breedon. 12/14/23: (324) Notice of inability to comply with order setting a deadline for completion of discovery filed by Nathanial Studelska. (325) Motion; state's response to defendant's notice of inability filed by Matthew Breedon.
1/1/24 Update: (326) Miscellaneous-Original transcript status hearing 10/26/23 filed by Kelly Claxton. 1/26/24: (327) Conflict Letter by Nathanial Studelska. 1/29/24: (328) Motion to exclude death penalty by Nathanial Studelska.
2/1/24 Update (329) Order vacating hearing [Vacated motions hearings on 2/13-2/16/24] filed by Kathy Anderson.
4/2/24 Docket update: (330) Order-10th scheduling Order & notice of joint hearing with defendant Mark Wright. (331) Order to file transcript both filed by Kathy Anderson. Next motions hearings on 5/6/24 thru 5/8/24 @ 10am.
4/16/24 Docket update: {332] Leave of Absence [5/16-5/20/24 & 6/27-6/28/24/has another trial starting] filed by Nathanial Studelska. 4/18/24: [333] Miscellaneous. Original transcript-[Roy Anthony] Prater plea filed by Christine Tatum. 4/24/24 Docket update: [334] Motion to continue May 6-8/24 hearings filed by Nathanial Studelska has another trial starting. 4/26/24 Docket update: [335] Order vacating hearing by Law Clerk Kathy Anderson. [Order vacating hearing scheduled in 19th Scheduling Order & Notice of joint hearing w/Defendant Mark Wright-Granted]
*Elwyn John Crocker, Sr. (50/now 54) (“father”) – Motions hearing on 9/6/23. No update as of 5/6/24
*Mark Anthony “Tony” Wright (31/now 35) (bro of Candice) – Motions hearing on 5/6/24 thru 5/8/24, which was cancelled.
*Roy Anthony Prater (55/now 59) - 10/24/19 Update: Plead guilty. Sentencing delayed until all defendants’ cases are complete. Will testify against the other 3 defendants.
*Candice Heather Crocker (33/now 38) (“step-mom”) - 10/15/20 Update: Plead guilty to 2 counts of malice murder, 2 counts of cruelty to child, to 2 counts of concealing a death & 2 counts of false imprisonment. Rest of the charges were Nolle Prosequi (dismissed). Sentenced to life without parole & credit for time served (12/20/18 to 10/21/20) to be served concurrently. In plea deal she must testify against the other 3 defendants.

 

[Niner]

Monday May 6th:
*Motions Hearing (Day 1 of 3)-CANCELLED! (@ 10am ET) - GA – Mary Frances Crocker (14) & Elwyn John Crocker, Jr. (‘JR’) (14) (Mary died Oct. 18, 2018, Elwyn died about Nov. 30, 2016 & both discovered Dec. 20, 2018 buried in backyard, Guyton) – *Mark Anthony “Tony” Wright (31/now 35) (bro of Candice) arrested (1/8/19), charged (1/29/19), indicted (3/12/19) & arraigned (4/17/19) & re-arraigned (2/19/20) with malice murder & felony murder in Mary’s death, 1 count of sexual battery, 2 counts of cruelty to children, 2 counts of concealing a death (Mary & Elwyn) & 1 count of false imprisonment. No bond. DA will seek DP.
Wright is brother of Elwyn Sr.'s wife, Candice & overheard a family discussion about Mary's death & called an aunt, who tipped off authorities. Judge F. Gates Peed has also imposed a gag order prohibiting attorneys and investigators from discussing the case outside court.
Judge F. Gates Peed presiding. State attorney Matthew Breedon. Defense attorneys Melinda Ryals, Martha C. Hall, Craig S. Bonnel & Allan R. Sincox.
Court info from 12/20/19 thru 9/15/23 reference post #444 here:
https://www.websleuths.com/forums/t...ngham-cnty-20-dec-2018-arrests.406245/page-23
9/6/23 Update: Notice (277) Next joint status hearing with Kim Wright on 10/26/23 @ 9am. 10/19/23 Update: (277) Amended Notice of joint status hearing on 10/26/23 time to 1pm from 9am.
10/26/23 Update: Event (279): status hearing before Judge Peed. both attorneys for defendant were present in the courtroom. Kelly Claxton was the court reporter & Ms. Anderson, law clerk all present in the Magistrate courtroom where the hearing was held.
10/27/23 Update: Elwyn John Crocker Sr. & his co-defendants facing the death penalty for the deaths of his two children, Elwyn Jr. & Mary, will have a new judge presiding over the case. The decision follows a motion by defense attorneys in July of 2023 over ex parte communications by the state with the judge & unlawfully obtained medical records. Basis of the Recusal: There was an apparent violation of the Code of Judicial Conduct; Crocker’s constitutional right to privacy was violated & prosecutors obtained a court order not permitted by law.
11/2/23 Update: (280) Ninth Scheduling Order. Exchange of all discovery, including reciprocal discovery shall be completed on or before 12/14/23. All motions shall be filled on or before 1/29/24. All pending motions will be heard on 2/20/24 thru 2/23/24 all at 9am.
12/13/23 Update: (281) Notice; state's notice of intent to admit child hearsay. (282) State's notice of intent to admit statements under O.C.G.A. 24-8-801(d)(2)(e). (283) State's notice of intent to admit business records. (284) State's Motion for a pretrial ruling on the admissibility of intrinsic evidence & evidence under O.C.G.A 24-4-404(b). (285) Proceeding; State's index of motions & responses all filed by Matthew Breedon. (286) Notice of inability to comply with order setting a deadline for completion of discovery filed by Allan Sincox. 12/14/23: (287) Notice filed by Allan Sincox. (288) Motion; State's response to defendant's notice of inability filed by Matthew Breedon. 12/28/23: (289) Leave of absence for Melinda Ryals for 2/1/24 & 4/11/24).
1/1/24 Update: (290) Miscellaneous-Original transcript status hearing 10/26/23 filed by Kelly Claxton. 1/2/24 Update: (291) eave of Absence for Allan Sincox for 2/1/24 & 4/11/24 filed by Melinda Ryals.
1/25/24 Update: (292) Motion to number previous unnumbered motions; (293) Motion to adopt & conform applicable motions of other defendants; (294) Motion to compel disclosure of confidential informants; (295) Motion for an order appointing impartial witness monitor; (296) Motion for order requiring state to give notice of all subpoenaed witnesses; (297) Motion to exclude members of law enforcement agencies from sitting in courtroom in uniform or wearing identifiable shields; (298) Motion to extend time for closing argument; (299) Motion to limit jury exposure to extra-judicial excessive displays; (300) Motion to randomly arrange the jury panel; (301) Motion for disclosure of favorable evidence; (302) Motion to preclude admission of gruesome & highly prejudicial color photographs of the deceased; (303) Motion to preclude state from pursuing inconsistent theories of the crime in separate trials of Elwyn Crocker, Kimberly Wright & Mark Wright; (304) Motion reserving right to file additional motions; (305) Motion to suppress maw statements & motion for order excluding involuntary admissions & confessions & for a pretrial Jackson v Denno hearing; (306) Motion to bar death penalty due to evolving standards of decency; (307) Motion to protect maw 6th amendment right to counsel & contesting any severance of an existing joint defense agreement; (308) Motion to dismiss the DP due to the failure, in practice, of existing DP procedures to meet the minimum constitutional requirements set forth in Furman, Gregg, their progeny & request for evidentiary hearing; (309) Motion for a change of venue; (310) Motion for separate evidentiary hearing on motion for change of venue [in advance of trial]; (311) Motion to limit the use of the word murder; (312) Motion in Limine to prevent state actors or witnesses from referencing or commenting on exercise of any constitutional rights of defendant; (313) Motion to prevent introduction of non-statutory aggravating evidence including victim impact; (314) Motion to bar prosecution from seeking dp because it is being sought upon the worth & status of the victim; (315) Motion to suppress maw arrest warrants & fruits of an unconstitutional arrest; (316) Motion to produce testimony before the Superior Court of Effingham County relating & pertaining to the search warrants issued in this case; (317) Motion to strike State's notice of aggravating circumstances #1 due to failure to state a legally valid statutory aggravating circumstance; (318) Motion for a pretrial hearing to determine whether child competent to testify in DP case & motion to exclude child's bolstered & enhanced testimony; (319) Motion in Limine to exclude all evidence from cell phones, tablets & all electronic devices seized in the investigation of this case; (320) Motion to compel the State to produce documents pursuant to the US & Georgia constitutions; (321) Motion for an order directing the State immediately provide defense with specified items which should have been previously tendered to defense; (322) Exhibits. Motion 118 exhibit a; (323) Motion for disclosures from the court pertaining to its role as Judge over J.C.'s juvenile proceeding & the case in chief of Elwyn Crocker, Kimberly Wright & Mark Wright; (324) Motion for specific hearing transcripts & judicial orders issued in juvenile court case no. 051-18j-299 all filed on 1/25/24 by Melinda Ryals.
1/26/24 Update: (325) Motion for order quashing search warrants purportedly authorizing seizure & search of maw cell phone & suppressing all evidence resulting from seizure & search; (326) Motion for order denying State's request to intro text messages as statements of co-conspirators, or conduct at pretrial hearing to determine admissibility; (327) Motion to dismiss indictments or bar the DP on grounds prosecutors sought indictments in bad faith, knowing they had no evidence maw committed crimes alleged & deliberately misled Grand Jury all filed on 1/26/24 by Melinda Ryals.
1/29/24 Update: (328) Motion bar testimony by co-defendants & jailhouse informants or to give a special cautionary instruction regarding such testimony; (329) Motion to exclude the death penalty on account of arbitrary & vindictive use of prosecutorial discretion arising to the level of prosecutorial misconduct; (330) Motion in Limine to prohibit State from introducing any hearsay evidence in violating the confrontation clause & rules of evidence; (331) Motion to conduct pretrial hearing on admissibility of hearsay offered under the "necessity exception" or hearsay evidence offered "to explain conduct"; (332) Motion to compel the State to produce documents pursuant to the US & Georgia constitutions with attachment all filed by Melinda Ryals. (333) Motion. Response to motion 90 - defendant's motion to adopt & conform applicable motions of other defendants & State's motion to adopt & conform its responses to similar motions of other defendants filed by Matthew Breedon.
2/10/24 Update: (334) Order vacating hearing [Vacated Motions hearings 2/20-2/23/24] filed by Kathy Anderson.
3/8/24 Docket update (335) Motion to bar the death penalty based on failure to allege proper statutory aggravating factors, disproportionality of potential death sentence here, in light of sentences given to more culpable co-defendants & no allocations of significant participation intent to kill or reckless indifference to life. Filed by Allan Sincox.
3/20/24 Docket update (336) Motion for an Order precluding the DP because a death sentence in this case would violate both the Federal & State prohibitions against cruel & unusual punishments filed by Melinda Ryals.
4/2/24 Docket update: (337) Order-10th scheduling Order & notice of joint hearing with defendant Kimberly Wright. (338) Order to file transcript both filed by Kathy Anderson. Next motions hearings on 5/6/24 thru 5/8/24 @ 10am.
4/12/24 Docket update: [339] State's response to defendant's motion 121 to bar co-defendant testimony. [340] State's response to defendant's motion 129 to bar the death penalty as cruel & unusual punishment both filed by Matthew Breedon. 4/18/24 Docket update: [341] Miscellaneous. Original transcript Prater plea by Christine Tatum. 4/19/24 Docket update: [342] Order granting defendant's motion to number motions by Law Clerk Kathy Anderson. 4/26/24 Docket update: [343] Order vacating hearings from 5/6-5/8/24-[Granted] filed by Law Clerk Kathy Anderson.
4/29/24 Docket update: [344] Motion-Response to defendant's motion 118 [Motion for an Order directing that the State immediately provide the Defense with the items specifically described herein, which should have been tendered to the Defense as Discovery long ago (Motion #118)] filed by Matthew Breedon.