Capital homicide trial postponed

Thursday , March 14, 2013 - 12:00 AM

OGDEN — Complaining about his public defenders has postponed a murder trial for the suspect charged with the death of a 3-month-old girl.

Jeremy Marshall, 36, is charged with capital homicide in the Dec. 14, 2011, death of the infant.

His trial, scheduled next month, was canceled Tuesday as officials dealt with changes in his legal representation. One of his public defenders, Steve Laker, is retiring. Marshall has also written several letters to 2nd District Judge Steven Hadley complaining about Laker and co-counsel Randall Marshall, no relation. They have not “shared discovery” with him enough during his 15 months in jail, leading to “loyalness to defendant issues,” reads the latest letter sent last week.

Marshall wrote that he has also filed a formal complaint about his public defenders with the Utah State Bar.

“I don’t want to be defended by an attorney who I’ve made conduct complaints against,” he noted.

Mike Bouwhuis, Weber County public defender coordinator, could not be reached for comment. Utah State Bar policy prevents officials there from commenting on the existence or status of complaints filed against attorneys.

Hadley scheduled a status conference for April 8 on the defense issues and for possible rescheduling of Marshall’s trial.

Prosecutors have opted not to pursue the death penalty against Marshall, but if convicted he still faces sentencing under the capital homicide statute, which could be life in prison without possibility of parole.

Emergency medical personnel responded to the home Marshall shared with the child’s mother in the 2600 block of Van Buren Avenue that morning after a 911 call about the injured child. The child was pronounced dead of a head injury at Primary Children’s Medical Center in Salt Lake City.

Marshall told police he accidentally struck the child’s head on a crib “with substantial force,” according to a probable cause statement.

Ogden Detective Lane Olson wrote in the charging document that the child “had brain injury consistent with non-accidental trauma … Primary Children’s Hospital confirmed the child’s injuries were non-accidental.” Marshall told family members he caused the death of the child.”

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