GUILTY OH - Jonathan Minard, 14, found deceased, Carroll County, 13 April 2019

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Seattle1 said:
It looks like Charge 7 is different. Although it is shown as involuntary manslaughter, it's only 3rd-degree felony (charges 1, 3, and 5 are 1st-degree felonies.
  • 2903.04(B) INVOLUNTARY MANSLAUGHTER (F3) --Charge # 7
  • 2903.04(A) INVOLUNTARY MANSLAUGHTER (F1)--Charges # 1, 3, 5.
Ah - thanks for pointing that out! I missed that! :)

And another thanks on the new court date....
 
Thursday, August 13th:
*Suppression Hearing (@ 10:30am ET) – OH – Jonathon E. Minard (14) (last seen going to farm to milk cows, 4/13/19 Washington Township near New Harrisburg, found in shallow grave on the farm on 4/19/19) - *Matthew Herbert Little (30/now 31) indicted, arrested & charged (9/5/19) & arraigned (9/11/19) with 4 counts of involuntary manslaughter (3 F1 & 1 F3), 2 counts corruption of another with drugs, 1 count of tampering with evidence, 1 count of cross abuse of a corpse, 2 counts of permitting drug use, 1 count of endangering children, 1 count of reckless homicide, 1 count of possession of heroin, 1 count of falsification & 1 count of failure to report knowledge of a death. Plead not guilty. $10M bond was reduced (9/11/19) to $1M & reduced (11/18/19) to $800K. Posted $80K cash bond on 11/21/19.
Trial was set to begin on 7/13/20-continued to 10/26/20 (to 11/6/20).
Court info from 9/5/19 thru 6/26/20 reference post #897 here:
Found Deceased - OH - Jonathan Minard, 14, Carroll County, 13 April 2019 *ARREST*

7/1/20 Update: Motion for trial continuance-granted. Motion to change venue & suppression issues are scheduled for Suppression Hearing on 8/7/20. Trial will be rescheduled once all parties are able to clear the dates with their witnesses. Trial dates have been set for 10/26 thru 11/6/20. 8/7/20 Update: Suppression hearing rescheduled to 8/13/20.
 
Trial scheduled to being October 26, 2020

Carroll County drug overdose case set for October trial

The defense is asking the judge to keep certain evidence out of Matthew H. Little’s scheduled trial.

Matthew Little turned down his first opportunity to talk with investigators about the disappearance of a teen boy whose body was found buried on a Carrollton area farm in the spring of 2019.

But after a sheriff’s investigator asked Little’s father to talk with his son about cooperating with authorities, the defendant changed his mind and discussed the case with them.

Major Calvin Graham told Barnett that he had not instructed Little’s father what to say or do when approaching his son about agreeing to an interview.

The father did so voluntarily, Graham testified.

Representing Little were attorneys William Whitaker and his daughter Andrea Whitaker.

Following Thursday’s hearing, the defense attorneys were given 28 days to submit legal briefs making arguments about why Repella should rule in their favor.

The judge also hasn't ruled on the request for change of venue. He wants to wait to see if an unbiased jury can be found from Carroll County
 
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Carroll County drug overdose case set for October trial

Aug 13, 2020

Little’s trial is scheduled to begin Oct. 26 and last up to two weeks.

Prosecutors called a sheriff’s major and a lieutenant to testify about how the defendant’s father consented to a search of the Little family’s roughly 200-acre farm after Minard had gone missing.

Neither witness was asked specifically about what Little had told investigators on April 19, 2019 at the sheriff’s office, and the related court filings — known in legal terms as motions to suppress evidence — have been filed under seal with the judge’s approval.

Little had been read a Miranda warning both before he initially declined to speak with investigators and then when he changed his mind.

Investigators had asked the father to help get answers about what happened to Minard, according to Thursday’s testimony. That led to the father talking with Little prior to the defendant’s eventual interview.

[..]

Background of the case

Minard was last seen in mid-April 2019 going to work with Little on the defendant’s family farm on Mobile Road in Washington Township.

The teen’s body was found later that month on the same farm in a shallow grave, according to authorities.

Minard died on April 13, 2019, according to court records.

Investigators had searched the farm property for about six hours in mid-April of that year.

[..]

Little continues to be out of jail on bond and on house arrest while being monitored electronically.

If convicted, Little faces up to more than a decade in prison.

@Niner
 
Motions to suppress with evidence used seal indicates something very bad about how Jonathan was treated and how he died, JMO. This evidence should be revealed at trial. I hope the evidence doesn't reveal that his killer should be facing more serious charges. Jonathan deserves justice.

Also, shame on the newspaper for referring to this as an overdose death. There's no evidence that's been presented so far that it wa s
.

Little, 31, is accused of giving 14-year-old Jonathan Minard a fentanyl-related drug mixture that led to his fatal overdose.

The boy had a toothache and this drug offender have him an illegal drug with fentanyl to treat it.
 
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More from Aug 13, 2020 link above:

Following Thursday’s hearing, the defense attorneys were given 28 days to submit legal briefs making arguments about why Repella should rule in their favor.

The prosecution will then have a deadline to respond and file its own legal arguments. Repella’s rulings will follow.


Looking at the GJ indictments again, I think the defense is trying for a couple of things.

Although authorities are saying that ML's dad voluntarily cooperated to ask his son to answer LE's questions after he initially refused, I think the defense wants to suppress some of ML's statements made to police, and probably suppress some drug evidence obtained during the property search.

I'd also like to know more about ML than his age and that that he lived and worked on his family's farm. I'm curious if ML has a mental disability and his dad asking him to talk to authorities after he first refused may have felt like a threat to a childlike person. Also, I never understood why ML and JM spent so much time together given the age discrepancy. By all accounts, they were actually considered friends and according to his family, JM liked working with ML.

I also think the defense wants to suppress any part of the search and seizure that resulted in possession of heroin charges-- especially as heroin was not identified in JM's cause of death.

I think the possession of herion charge might be a serious aggravator to his multiple involuntary manslaughter charges.

Heroin could kick up his sentencing to match drug trafficking and distribution. It's becoming more difficult to keep up with reclassified state drug law reforms to reduce felony offenses but heroin is often in a different class than opioids.

I hope the defense argument for suppression and the prosecutor's response will be unsealed within 28 days so we can learn what's really going on with the evidence against ML.

Seems we've waited forever for justice for Jonathan.

MOO
 
More from Aug 13, 2020 link above:

Following Thursday’s hearing, the defense attorneys were given 28 days to submit legal briefs making arguments about why Repella should rule in their favor.

The prosecution will then have a deadline to respond and file its own legal arguments. Repella’s rulings will follow.


Looking at the GJ indictments again, I think the defense is trying for a couple of things.

Although authorities are saying that ML's dad voluntarily cooperated to ask his son to answer LE's questions after he initially refused, I think the defense wants to suppress some of ML's statements made to police, and probably suppress some drug evidence obtained during the property search.

I'd also like to know more about ML than his age and that that he lived and worked on his family's farm. I'm curious if ML has a mental disability and his dad asking him to talk to authorities after he first refused may have felt like a threat to a childlike person. Also, I never understood why ML and JM spent so much time together given the age discrepancy. By all accounts, they were actually considered friends and according to his family, JM liked working with ML.

I also think the defense wants to suppress any part of the search and seizure that resulted in possession of heroin charges-- especially as heroin was not identified in JM's cause of death.

I think the possession of herion charge might be a serious aggravator to his multiple involuntary manslaughter charges.

Heroin could kick up his sentencing to match drug trafficking and distribution. It's becoming more difficult to keep up with reclassified state drug law reforms to reduce felony offenses but heroin is often in a different class than opioids.

I hope the defense argument for suppression and the prosecutor's response will be unsealed within 28 days so we can learn what's really going on with the evidence against ML.

Seems we've waited forever for justice for Jonathan.

MOO

I think it's possible heroin, fentanyl and similar drugs were present at the farm. I think think Little is a drug addict himself and may have past convictions for drug possession and related crimes. Also speculating that other drug users were present at the farm that weekend. Addicts like to party with friends and I think all of them were much older than Jonathan. I think Little's parents were aware of this situation but Jonathan's were not.

I think Little's father was aware of the partying and heroin and fentanyl use and was asked to talk to his son for this reason. Jonathan was missing and they needed to find him. Maybe LE suggested this knowing some of the evidence could be thrown out. JMO, Little's family received favored treatment from LE and prosecutors, possibly because they could lose their farm.

I'm not sure what a 30 something drug addict would have i n common with a 13 yo kid, except they needed cheap labor for the farm work and Jonathan was happy and willing to make a little money. Possibly the parents were friends through some common interest.

It's possible Little is mentally deficient, but unlikely JMO. Seems like that would be revealed or discussed at his pretrial hearing.
 
Oops - wrong thread... sorry.
 
Docket:
08/14/2020 JUDGMENT ENTRY FILED. THE COURT IS TAKING THE MOTION FOR CHANGE OF VENUE UNDER ADVISEMENT, DEFENSE COUNSEL HAS 28 DAYS TO FILE A POST-MOTION HEARING BRIEF ON THE SUPPRESSION ISSUES, THE STATE SHALL HAVE 14 DAYS FROM THE RECEIPT OF THE DEFENDANT'S BRIEF TO RESPOND, FURTHER HEARINGS WILL BE SET AT THE CALL OF THE COURT. BOND CONTINUED. $10.00 $10.00

08/14/2020 COPY OF THE ENTRY MAILED TO ATTORNEY WHITAKER, COPIES PLACED IN THE FOLLOWING MAILBOXES LOCATED IN THE CLERK'S OFFICE: PROSECUTOR, ADULT PROBATION, VICTIM ASSISTANCE AND THE SHERIFF $0.75 $0.75

08/25/2020 PRAECIPE FOR TRANSCRIPT FILED ALONG WITH ACKNOWLEDGEMENT OF TRANSCRIPTIONIST AND CERTIFICATE OF SERVICE. (EMAIL COPY BROUGHT OUT FROM THE COURT ADMINISTRATOR) ALL COPIES GIVEN BACK TO THE COURT ADMINISTRATOR AT HER REQUEST.
Attorney: WHITAKER, ANDREA (0074461)

09/11/2020 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE POST HEARING BRIEF FILED ALONG WITH CERTIFICATE OF SERVICE (FAX FILING) (COPY TO A/C) Attorney: WHITAKER, ANDREA (0074461)

09/11/2020 JUDGMENT ENTRY FILED; UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE POST HEARING BRIEF IS GRANTED. DEFENDANT IS GRANTED A FOUR (4) DAYS EXTENSION (COPY PLACED IN THE FOLLOWING MAILBOXES LOCATED IN THE CLERK'S OFFICE - PROSECUTOR, ADULT PROBATION, VICTIM ASSISTANCE, SHERIFF - COPY FAXED TO ATTORNEY WHITAKER) $2.00 $2.00

09/11/2020 TRANSCRIPT OF PROCEEDINGS HELD AUGUST 13, 2020 FILED

09/25/2020 ORDER FILED. ON MOTION FOR CHANGE OF VENUE. THE COURT TAKE UNDER ADVISEMENT. ON MOTION TO SUPPRESS EVIDENCE PURSUANT TO WARRANTS AND MOTION TO SUPPRESS TESTIMONIAL EVIDENCE. DEFENSE COUNSEL DID NOT FILE THEIR POST-MOTION BRIEF ON DAY IT WAS DUE. THEREFORE, THE COURT SHALL RULE ON THE SUPPRESSION ISSUES, UPON RECEIVING THE STATE'S FILED BRIEF, DUE NO LATER THAN 10-9-2020.
COPY TO PROSECUTOR, PROBATION VICTIM ASSISTANCE AND SHERIFF BY PLACING IN THEIR BOXES IN THE CLERK OF COURTS OFFICE. $2.00 $2.00

09/25/2020 COPY OF ORDER MAILED TO ATTORNEY WILLIAM WHITAKER AT 54 E MILL ST STE 301 AKRON BY REGULAR MAIL $0.75 $0.75

09/29/2020 60 DAY PAST DUE NOTICE SENT
LITTLE, MATTHEW HERBERT was sent notice for $384.75. Balance: $384.75 Past Due: $384.75
Printed on 09/29/2020 08:14:53.02.

09/29/2020 SUBPOENA FILED. SUBPOENA ALONG WITH THE RULES OF CIVIL PROCEDURE ISSUED TO THE SHERIFF OF CARROLL COUTNY FOR THEM TO MAKE SERVICE UPON: LT CHARLES SALER, MAJOR CALVIN GRAHAM, LT KYLE TRSINAR, SPC AGT LARRY HOOTMAN, CAPTAIN ROBERT T WATSON, MANDAL HAAS MD, SPECIAL AGT JACOB KUNKLE (TO BE GIVEN TO INV RICK STAUFFER TO SERVE)
ERIN MILLE, DR JOSEPH FELO AND LINDSEY NEISEN-RAUSCH SUBPOENAS WERE SUPPOSE TO GO TO FOREIGN SHERIFF. BEING CORRECTED 10-2-20

09/29/2020 Issue Date: 09/29/2020
Service: SUBPOENA - 10 served - I won't list them all.

09/30/2020 SHERIFF'S RETURN OF SERVICE FILED
Method : PERSONAL SERVICE - 5 returned

10/01/2020 STATE OF OHIO'S RESPONSE TO DEFENSE POST-MOTION BRIEF FILED ALONG WITH PROOF OF SERVICE. COPY OF STATE'S RESPONSE TO THE COURT.
Attorney: BARNETT, STEVEN D (BARNETT)
REMAINING COPIES BACK TO PROSECUTOR BY PLACING IN HIS BOX IN THE CLERK OF COURTS OFFICE.

10/02/2020 SUBPOENA FILED AND ISSUED TO THE CUYAHOGA COUNTY SHERIFF FOR PERSONAL SERVICE UPON DR. JOSEPH FELO

10/02/2020 Issue Date: 10/02/2020
Service: SUBPOENA - 9 served


Hearings:
08/13/2020 10:30 AM COMMON PLEAS COURTROOM SUPPRESSION HEARING REPELLA, II, MICHAEL V

10/26/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

10/27/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

10/28/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

10/29/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

10/30/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

11/02/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

11/03/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

11/04/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

11/05/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

11/06/2020 08:00 AM COMMON PLEAS COURTROOM JURY TRIAL REPELLA, II, MICHAEL V

link: Case Details - CourtView Justice Solutions
 
Trial scheduled to being October 26, 2020

Carroll County drug overdose case set for October trial

The defense is asking the judge to keep certain evidence out of Matthew H. Little’s scheduled trial.

The judge also hasn't ruled on the request for change of venue. He wants to wait to see if an unbiased jury can be found from Carroll County

I've not seen anything in MSM about ruling on the suppression of evidence filed by the defense so I take it that did not go over so well for them.

From the subpoena's filed for trial, there are more agents from CBI & I than Carroll County Sheriff's office. Also, at least one special agent FBI.

I'm sure ML's parent's worked hard on the dairy their entire lives and now they are spending their hard-earned retirement dollars on the defense (and cash bail) of their son charged with murdering a young boy.

Hope jury selection has no hang-ups and the trial moves forward as scheduled.

Case Details - CourtView Justice Solutions
 
@Seattle1 - here's my notes on the suppression of evidence - and no the Judge hasn't ruled on that yet - as far as I know.


8/13/20 Update: One of the issues addressed Thursday in Carroll County Common Pleas Court during a hearing about requests filed by Little’s attorneys to keep certain evidence out of his trial. Judge Michael V. Repella II didn’t make a decision following the hearing in which investigators from the Carroll County Sheriff’s Office answered questions both from the prosecution & defense about a property search & the circumstances preceding Little’s statements to deputies. Following Thursday’s hearing, the defense attorneys were given 28 days to submit legal briefs making arguments about why Repella should rule in their favor. The prosecution will then have a deadline of 14 days to respond and file its own legal arguments. Repella’s rulings will follow. The judge also didn’t rule on a defense request to hold the trial elsewhere due to media publicity around the case & concerns over the ability to pick a fair and impartial jury. Little continues to be out of jail on bond & on house arrest while being monitored electronically.


So - if you count just 28 days (not just business day) after 8/13 - that would make it around 9/14 - and the pros have until 9/28 to reply. Cutting it close!

If just 28 business day - it brings it to 9/24 for defense & Oct. 14th for pros.
 
Thanks, Niner, for compiling the latest info regarding the trial! It looks like the pre-trial activities are moving along.

At least one of the doctors subpoenaed, Dr. Joseph Felo, is a forensic pathologist at the Cuyahoga County Medical Examiner's office. He probably handled Jonathan's autopsy. The other physician, Dr. Mandal Haas, is a local physician in family medicine.

Forensic Pathology Fellowship - Cuyahoga County Synapse Documentation

https://health.usnews.com/doctors/joseph-felo-824670

Re defense requesting to suppress evidence, considering Jonathan had access to a highly dangerous drug at the farm, its likely that Little has problems with drug addiction. His attorneys are possibly seeking to suppress information about things like stints in drug rehab, medical records, etc. JMO

ETA: Also reminder about Seattle1's comment above that defense may want to suppress evidence if dangerous drugs like heroin were found in the search of the farm after Jonathan went missing.
 
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Update on docket:

10/15/2020 ORDER FOR JURY FILED.
CERTIFIED COPY OF THE ORDER FOR JURY AND A COPY OF THE PETIT JURY VENIRE SUPPLEMENTAL B FOR PART III TERM 2020, JURORS #1 THRU #50 ISSUED TO THE SHERIFF OF CARROLL COUNTY FOR SERVICE AND RETURN. NO JURORS HAVE BEEN EXCUSED AT THIS TIME -
SUPPLEMENTAL B PETIT JURORS #1 - #50 ARE TO APPEAR ON MONDAY OCTOBER 26, 2020 BEGINNING AT 8:15 A.M. $28.00 $28.00

10/15/2020 ORDER FOR JURY FILED.
CERTIFIED COPY OF THE ORDER FOR JURY AND A COPY OF THE PETIT JURY SUPPLEMENT B VENIRE FOR PART III TERM 2020, (#51 THRU #65) AND COPY OF THE PETIT JURY SUPPLEMENTAL C VENIRE FOR PART III TERM 2020 (JUROR #1 THROUGH #35) ISSUED TO THE SHERIFF OF CARROLL COUNTY FOR SERVICE AND RETURN. NO JURORS HAVE BEEN EXCUSED AT THIS TIME.
SUPPLEMENTAL B PETIT JUROR #51 - 65 AND SUPPLEMENTAL C PETIT JURORS #1 - #35 ARE TO APPEAR TUESDAY, OCTOBER 27, 2020 AT 8:15 A.M. $28.00 $28.00

10/15/2020 SHERIFF'S RETURN ON PETIT JURY SUPPLEMENTAL B PART III TERM 2020 - JURORS $1-#50 VENIRE FILED. ($6.00 X 50 JURORS) $300.00 $300.00

10/15/2020 SHERIFF'S RETURN ON PETIT JURY SUPPLEMENTAL B PART III TERM 2020 - JURORS $51-#65 VENIRE FILED. ($6.00 X 15 JURORS) $90.00 $90.00

10/15/2020 SHERIFF'S RETURN ON PETIT JURY SUPPLEMENTAL C PART III TERM 2020 - JURORS $1-#35 VENIRE FILED. ($6.00 X 35 JURORS)

link: Case Details - CourtView Justice Solutions


I left out the subpoenas served - too many....
 
Monday, October 26th:
*Trial set to begin with Jury Selection (@ 8am ET) – OH – Jonathon E. Minard (14) (last seen going to farm to milk cows, 4/13/19 Washington Township near New Harrisburg, found in shallow grave on the farm on 4/19/19) - *Matthew Herbert Little (30/now 31) indicted, arrested & charged (9/5/19) & arraigned (9/11/19) with 4 counts of involuntary manslaughter (3 F1 & 1 F3), 2 counts corruption of another with drugs, 1 count of tampering with evidence, 1 count of cross abuse of a corpse, 2 counts of permitting drug use, 1 count of endangering children, 1 count of reckless homicide, 1 count of possession of heroin, 1 count of falsification & 1 count of failure to report knowledge of a death. Plead not guilty. $10M bond was reduced (9/11/19) to $1M & reduced (11/18/19) to $800K. Posted $80K cash bond on 11/21/19.
Trial set to begin on 10/26/20 with jury selection (trial to 11/6/20).
10/15/20: Certified copy of the Order for jury & a copy of the Petit jury venire supplement B for Part 3 Term 2020, Jurors #1 thru #50 issued to the Sheriff of Carroll County for service & return. No jurors have been excused at this time. Supplemental B-Jurors #1 thru #50 to appear on Monday, 10/26/20 @ 8:15am. Certified copy of the Order for jury & a copy of the Petit jury supplement B for part 3 term 2020, #51 thru #65 & copy of Petit jury supplemental C venire for part 3 term 2020 (Jurors #1 thru #35) issued to the sheriff of Carroll County for service & return. No jurors have been excused at this time. Supplemental B Petit Jurors #51 thru 65 & Supplemental C Petit jurors #1 thru #35 to appear on Tuesday, 10/27/20 @ 8:15am.
10/19/20: State's proposed jury instructions filed along with State of Ohio's proposed jury instructions & Verdict form, copy to Judge, filed by Steven Barnett.
 
Thanks, Niner! So jury selection begins this morning? I thought they were wanting a change of venue?

I still don't understand why these charges are so weak.

Here are some links to local news media, hopefully they will cover this.

News in Alliance, OH | The Alliance Review

Akron Beacon Journal: Local News, Politics & Sports in Akron, OH

Cleveland's Leading Local News: Weather, Traffic, Sports and more | Cleveland, Oh | wkyc.com

Home - Cleveland19 - News, Weather, Sports for Northeast Ohio - Cleveland 19 News Cleveland, OH
 
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I'll not be surprised if it's postponed. Ohio is going through a major surge in new COVID 19 cases in nearly all counties. JMO, its related to all the students returning to school and university.

Well - if you hear anything - actually "read" something about it postponed - please post here! And I'm sure you would anyway! :D
 
Just got home and had a chance to check. Shocking news!

Man pleads guilty in death of 14-year-old Jonathan Minard, the boy found buried in a shallow grave

Matthew Little, 31, pleaded guilty to four of the 15 charges in his original indictment, including involuntary manslaughter, endangering children, tampering with evidence and gross abuse of a corpse, in the 2019 drug overdose death of Jonathan.

According to News 5 media partner The Canton Repository, Little was sentenced to a minimum of six years and a maximum of nine years in prison as part of the plea agreement.

This part is just awful:

Matthew Little pleaded guilty to numerous charges in Carroll County

Compounding the loss and the dishonesty was something else — how Little had buried her son under a dead cow, covering both with dirt before the shallow grave was later discovered by investigators on the 200-acre farm on Mobile Road, leading to Little's arrest.

"You put my son under a cow like he was trash," Moreland told Little, who turned in his chair to face the woman. "I wouldn't even do that to my dog."
 
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