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Prosecutors appeal judge’s dismissal of indictment

August 31, 2012
By DEANNE JOHNSON , Salem News

LISBON - An appeal was filed Thursday by Assistant County Prosecutors Tammie Riley Jones and John Gamble after Judge C. Ashley Pike dismissed an indictment against Mareese J. Sanders of Youngstown.

Sanders, 26, had been charged with failure to appear at a previous hearing. According to court documents, he is accused of not appearing for a jury trial on Jan. 23, 2012 when he faced a possession of drugs charge.

The failure to appear charge had been scheduled for a trial on merits on Tuesday, but both Sanders' attorney, Douglas King, and Jones learned on Monday the court intended to dismiss the indictment. Jones objected to the dismissal, but Pike dismissed it anyway.

Pike had a letter from the Ingram Law Office dated Jan. 11, 2012, admitted into evidence at the time of the dismissal. The letter was not available in the court's file on Thursday. In the ruling for the dismissal, Pike stated the court finds that this dismissal serves the interest of justice.

According to the appeal, the prosecutors are questioning whether the trial court abused its discretion in dismissing the indictment, whether the trial court's dismissal denied prosecutorial discretion, whether the trial court considered matters not in evidence when dismissing the indictment and whether it violated the state's substantial right to trial on merits.

Sanders has been ordered returned to the Belmont Correctional Institution, where he is serving 30 months total for the previously mentioned 2010 possession of drugs charge and a 2011 case during which he was convicted of two counts of trafficking in drugs and two counts of possession of drugs. In both cases Sanders eventually pleaded guilty to the charges.

djohnson@mojonews.com

 
 

 

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