Wednesday, May 20, 2009

How Sad Is This?????

Murder Charges Dropped In Baby's Death Due To Lab Delay

Posted: 4:20 pm EDT May 19, 2009Updated: 11:45 am EDT May 20, 2009

Because of a delay in receiving crucial lab results, prosecutors have dismissed a murder charge against a Jefferson County man accused of killing a baby.Joseph Kyle Moran, 25, of Richmond, was arrested on March 16 and charged with two counts of murder in connection with the death of 18-month-old Christopher Joy Jr.Prosecutor Thomas Straus said his office had to drop the murder charge against Moran because Moran's right to a speedy trial was in jeopardy.Straus said his office doesn't have all the evidence it needs to move forward with the trial and it likely won't have it until at least mid-June.But, by mid-June, the 90 days prosecutors have to present a trial would be up. So, to avoid the speedy trial timeframe from expiring, Straus said he had to file a motion stating "dismissal of this case is necessary pending the completion of the autopsy report and laboratory analysis of evidence."The dismissal means the countdown for a speedy trial stops. So, if Straus were to recharge Moran once results come in, prosecutors would have about 30 days to go to trial."We have evaluated this thing thoroughly and find that this is our only option to be fair, not only to the defendant but the state of Ohio," Straus said.Moran was released from the Jefferson County Jail on Tuesday.The baby died in March at his Richmond home of blunt force trauma. Moran was dating the baby's mother and was alone with the baby when he suffered fatal injuries, police said. When emergency crews arrived at the home, they said the baby was dead, his body covered in bruises.The autopsy and lab results are coming from Cuyahoga County. Once those are in, Straus said investigators will reassess the case and determine is Moran will be recharged.Straus said, at this time, prosecutors do intend to recharge Moran, but if the evidence they need doesn't come through, Moran could remain free.Stay with NEWS9 and for continuing coverage.


Anonymous said...

It is sad but the law says after charging someone with a crime, you have to bring the case to trial in a certain amount of time. Obviously the prosecutor wasn't ready. I would rather him have all the information needed to convict the guilty party then risk the chance of the person walking free. There is no statue of limitations on murder and I feel certain we will see this one go to trial during the year or the beginning of next year.

Belinda Puchajda said...

The problem that I have with this issue is that there should have been enough evidence in the first place. Why do these things take so long anyways? And from what I understand, and I admit that this is just hearsay, this guy skipped town with his stupid girlfriend, the day he got out of jail. If this is the case, then what?

Anonymous said...

Justice will prevail.

Anonymous said...

From the Joy Family,
The girlfriend has left with the accused boyfriend and is living with him at this time. She was his ride home. :( We are all confident that they will be able to find him when the time comes. Even if for some reason justice is not "served", he will meet his maker in the end. Best of all Christopher Lee Joy Jr. can never ever be hurt again.

Baby Chris
You will never be forgotten as long as we breathe