October 4, 2012 at 12:27 pm
Ex-Bashara handyman waives right to preliminary exam
By
Christine Ferretti and
Tony Briscoe
The Detroit News
Joseph Gentz, center, will be arraigned Oct. 11. and is remanded without bond. (David Coates / The Detroit News)
Detroit — The former handyman of Robert Bashara was ordered to trial Thursday after waiving his right to a preliminary examination in Detroit's district court.
Chief Judge Kenneth King remanded Joseph Gentz to jail without bond Thursday and set an Oct. 11 arraignment in Wayne County Circuit Court.
Gentz's attorney, Susan Reed, outside the courthouse said her client opted to forego Thursday's examination because there was no "strategic need" to hold it.
"We reviewed the evidence in the case. We're still reviewing evidence," Reed told reporters.
Law experts say the decision renews the notion of a plea deal for the St. Clair Shores man who is charged with first-degree murder and conspiracy in the Jan. 24 strangulation murder of Jane Bashara. The Grosse Pointe Park woman's body was found inside her SUV the next day in an alley in Detroit.
"Plea deals are more common after a case gets into circuit court. It doesn't shock me that they haven't seriously discussed a plea deal yet," legal analyst Charlie Langton said. "I still think that a plea is always on the table. It can happen at any time."
Langton said it's surprising that Gentz didn't elect to have the examination when charged with serious life felonies.
"It's a great vehicle to get some facts out and insight into the prosecution's case," said Langton, a radio host on WXYT-AM (1270).
"I would have thought we'd see some testimony. Which also leads me to believe there could be a plea deal."
Procedurally, Langton said, felony plea deals are better done in circuit court, with the judge who can enforce them.
Plea discussions were mentioned for Gentz as long ago as June. Reed told The News in July that plea negotiations were expected for Gentz after he was deemed competent following both a court-ordered and independent mental evaluation.
Maria Miller, a spokeswoman for Prosecutor Kym L. Worthy, said Thursday that the protocol of the office is not to confirm or deny plea negotiations in any case.
Reed told reporters after the hearing that there are currently no plea negotiations going on with prosecutors.
"We're still reviewing options. New evidence is still coming in. We haven't sat down to try to work out numbers," she said. "I'm always hopeful to resolve a case in the best interest of my client."
The conspiracy charges against Gentz suggest prosecutors believe he didn't act alone.
Gentz, who is developmentally delayed, has claimed that Robert Bashara paid him to kill his wife. The husband has not been charged in the murder.
Authorities say the murder investigation is ongoing.
"A conspiracy charge by its very definition means two or more. I can't figure out why Kym Worthy has not brought charges yet," Langton said.
"Murder has no statute of limitations, but certainly the length of time makes me wonder; is there some doubt here?"
Worthy in a comment emailed Thursday said
outside attorneys "who are not familiar with all of the facts and evidence, do not drive our decision making in any case."
"Our decision in this case will be announced when we are ready to announce it and not a moment before," Worthy said.
Reed on Thursday said Gentz is "doing as well as expected" as he remains jailed in isolation at the Dickerson Correctional Facility in Hamtramck.
"No one likes isolation, but it's for his own safety," she said.
Reed added she doesn't know Gentz's state of mind, but said he did understand all of the charges against him.
"I gave up my palm reading a long time ago," Reed said. "I don't know what's going through his mind."
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The Detroit News: http://www.detroitnews.com/article/20121004/METRO01/210040425#ixzz28LlolzBH