Court to name counsel for woman charged in mother’s 2007 death
By MARY ANN GREIER
POSTED: May 16, 2008
LISBON — With no money to pay for expert witnesses or her attorneys, a Salem woman accused of causing her elderly mother’s death has been granted a request for court-appointed counsel.
Robin Jackson, 47, of 1049 E. Third St., appeared for a motions hearing Thursday in Columbiana County Common Pleas Court with her original attorneys, James Taus of Salem and John McCall Jr. of Canton, who both asked to be removed from the case.
Jackson was indicted last year for involuntary manslaughter, a first-degree felony, and failing to provide for a functionally impaired person, a fourth-degree felony, related to the March 6, 2007 death of her mother, 70-year-old Shirley Nutter. Nutter was living with Jackson and Jackson’s two grown sons at the time at Jackson’s Third Street residence.
The bill of particulars, which details what happened, alleged that Jackson failed to provide her mother with “proper medical treatment, hygiene, care, nutritional needs, and other services necessary to maintain the health or safety of Shirley Nutter, and ultimately leading to her untimely death.”
The other charge alleged that on or about 2006 continuing through March 2007, while Jackson was the caretaker for her mother, identified as a functionally impaired person, she failed to provide the necessary care for her, resulting in serious physical harm.
McCall told Judge C. Ashley Pike that Jackson previously believed she could fund her defense, which will require both a medical expert and a psychological expert, but they haven’t received any funds. In a written affidavit, McCall and Taus said they believed the defendant and her family were “unable or unwilling to secure any financial funding for her defense.”
“We can’t do a decent job in this case without these experts...our interest is in providing the best defense — we can’t do that,” McCall said.
Pike questioned Jackson on whether she wanted appointed counsel, which would be at county expense, and she indicated she did. She had already filed a financial affidavit.
The judge granted the motion for withdrawal of counsel, but deferred ruling on the request for a continuance to move the trial date.
He said he wanted to get an attorney appointed and then schedule a status hearing to discuss possible costs for experts and how to proceed with the case.
County Assistant Prosecutor Tim McNicol didn’t object to the change in counsel. If convicted, Jackson could face up to 10 years in prison and a $25,000 fine for the manslaughter charge and a term of 12 to 18 months and fine of $5,000 for the other charge.
A status hearing remained set for June 9, with a jury trial set for June 17, although Pike said it was unlikely the trial would occur on that date.
A $50,000 recognizance bond was continued, with Jackson remaining out of jail.
Mary Ann Greier can be reached at mgreier@salemnews.net'>mgreier@salemnews.net
