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Thread: Landon Evans Sentenced in 2008 OH Infant Murder Cover Up Avoids Death Penalty

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    Landon Evans Sentenced in 2008 OH Infant Murder Cover Up Avoids Death Penalty



    Death penalty on the table
    Suspect in local baby’s death remains in Fla.


    Provisions for the death penalty could be included in charges that are being prepared against a former Marietta man who is fighting extradition from Florida to Washington County in connection with the June 2008 murder of a newborn, prosecutors said Monday.

    Under Ohio law, the age of the victim and the belief the murder was committed to cover up another crime makes the case against 25-year-old Landon Curtis Evans eligible as a capital offense.

    "The age of the victim alone would qualify the case," Washington County Prosecutor Jim Schneider said. "But also, the age of the victim and the fact this was committed to cover up another crime - that he had sex with a juvenile - also qualifies it."

    Although the death penalty is an option, Schneider said he had yet to decide if it will be sought.

    Evans, of Eustis, Fla., is accused of murdering and disposing of a baby girl he fathered with an underage Marietta girl.

    Police said Evans assisted with the delivery of the child at a Marietta motel in June 2008. Officers said they believe the child was suffocated with a pillow. The baby's body was believed to be burned in the Wayne National Forest.

    The baby's mother, who is now 18, is currently in the Washington County Juvenile Center for an unrelated matter and could also face charges related to the murder. She reportedly confessed to the acts while incarcerated, and officers have said she is cooperating with the investigation.

    Schneider said it could take up to six weeks before Evans is returned to Ohio to face charges. An application for a governor's warrant was being prepared Monday.

    Schneider said he does not expect any snags in the extradition process.

    "Even if he was in West Virginia, we would be going through the same process," Schneider said. "Once he is served with the governor's warrant he could choose to waive extradition, or he could file a writ of habeas corpus, and basically argue, 'I'm not the Landon Evans they're looking for.' At which point, we would send down officers to make an ID."

    Schneider said the extradition process can slow down cases, but it also provides time to gather more evidence and build a stronger case.

    "This all dates back to 1780 when we decided to have one country, but individual states," he said. "And that was done because we didn't want all of the power in one place."

    It was announced Jan. 14 that local police departments executed search warrants in connection with the case at a home at 1096 Colegate Drive, the Marietta Best Western, 279 Muskingum Drive, the Wayne National Forest, two storage units in St. Marys, W.Va., and Lake County, Fla.

    The Colegate Drive residence was the previous home of Evans and the girl, officials said.

    Washington County Sheriff Larry Mincks said officers from his department will return to Florida to transport Evans back to Ohio to face charges when he is cleared by the courts.

    "Because we consider him an escape risk and because of the type of case, we won't advertise when we will be going or what we will be driving," he said. "He did try to escape down there and he had to be pursued, so we do consider him a risk and we will use sufficient restraints to ensure his safe return."

    http://www.mariettatimes.com/page/content.detail/id/519042.html

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    Baby’s mom won’t face adult charges

    No adult charges will be brought against the mother of a baby girl police say was murdered shortly after being born.

    The child's father, 26-year-old Landon C. Evans, pleaded not guilty Wednesday to charges that he killed the baby to hide his sexual relationship with the mother, who was 15 at the time. He could face the death penalty, if convicted.

    Authorities had said the child's mother, who is now 18 and incarcerated in the Washington County Juvenile Center on unrelated charges, could also be charged in the crime. On Thursday, Washington County Prosecutor Jim Schneider said no adult counts would be filed against her.

    "The whole case was brought to light from her statements, so at this point, she's cooperating, and if she continues to cooperate, then no adult charges will be filed against her," he said.

    Schneider noted that there are juvenile charges pending against the girl, but he wouldn't disclose the nature of those charges.

    A second person has been charged in the killing in juvenile court. It was not immediately clear if that was the child's mother, although police have said they believe only she and Evans were involved.

    Evans entered his pleas to seven charges related to the killing on Wednesday in Washington County Common Pleas Judge Susan Boyer's courtroom. The arraignment was originally expected to be on April 7, but Washington County Assistant Prosecutor Kevin Rings said Thursday that was a general date set for everyone indicted by the March grand jury to allow for proper notice to be served. Since Evans was already in custody, his arraignment was done earlier.

    Prosecutors have said Evans made several attempts to terminate the girl's pregnancy. When that didn't work, he allegedly delivered the child at a Marietta motel and then smothered her.

    The infant's body was buried but later dug up and burned, due to Evans' worries about DNA testing, prosecutors said this week.

    The child's mother notified authorities of the crime in December, and Evans was arrested Jan. 14 in Lake County, Fla., on a first-degree murder charge. After fighting extradition, he was brought back to Marietta on March 10, and his bond was set at $1 million the next day in Marietta Municipal Court.

    This week, a Washington County Grand Jury indicted Evans on seven felony counts related to the June 2008 killing, including aggravated murder, unlawful sexual conduct with a minor, gross abuse of a corpse and tampering with evidence.

    He is currently being held without bond, according to Assistant Washington County Prosecutor Kevin Rings.

    Boyer appointed Marietta attorney Dennis Sipe and Hermon Carson, an assistant state public defender in Athens County, to represent Evans in the case.

    "We have to appoint two (attorneys) under the rules from the Supreme Court, and they have to be certified to do this kind of work," Boyer said Thursday.

    A trial date for Evans has been set for May 11. Rings explained that the same jury that decides whether Evans is guilty of aggravated murder will also decide whether he receives the death penalty.

    "The same jury that determines guilt or innocence would also make that decision," he said.

    Boyer said if Evans is convicted, the county could be responsible for paying up to $250,000 to cover various costs related to the case.

    "I'm not saying we're going to spend that - it depends on what happens with the case," she said. "It's a projection of what it could cost the county."

    Boyer said this figure includes, among other things, the cost of fees incurred by attorneys, investigators and experts brought forth by the defense, as well as security measures implemented during Evans' trial.

    On Thursday, Boyer met with the Washington County commissioners to discuss the possible costs.

    "Since this could be a death penalty case, there are more T's to cross and I's to dot and that kind of thing with the law, therefore, it might cost a little more to pursue that," said commission President Steve Weber.

    Sipe said the alternative is actually cheaper.

    "Most people don't understand that when they look at the death penalty versus life in prison, it's less expensive to have a person spend life in prison than to have a death penalty case," he said.

    The last death penalty case in Washington County was in 1984, when Larry Lee was accused of killing his estranged wife and her friend at the Colonial Terrace apartments in Marietta. He was ultimately found guilty of both murders, but the convictions came separately, after a jury hung on one of the counts.

    Lee was sentenced to life in prison.

    http://www.mariettatimes.com/page/content.detail/id/520785.html

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    Murder suspect OKs trial delay until November

    The former Washington County resident charged with killing a newborn baby to hide his sexual relationship with the then-15-year-old mother waived his right to a speedy trial Wednesday.

    The trial of Landon C. Evans, 26, will now be held in November, instead of the original May 11 date that had been set earlier this month. The exact date of the trial has yet to be established.

    Because Evans faces the death penalty and due to the vast amount of preparation needed, the defense had no problem waiving the right to a speedy trial said Dennis Sipe, one of Evans' attorneys.

    "These cases are extraordinarily complex," he said. "There's a lot of work to be done, and this... will entail work to be done in Florida, California and witnesses to interview. It's very difficult to get a case prepared in three months."

    Evans was arrested in January in Lake County, Fla., where he had been living. He was brought back to Washington County in March after fighting extradition.

    Evans has pleaded not guilty to seven felony counts related to the June 2008 killing, including aggravated murder, unlawful sexual conduct with a minor, gross abuse of a corpse and tampering with evidence. He is accused of making several attempts to end the girl's pregnancy before delivering the child at a Marietta motel and smothering her. The infant's body was then buried, but later dug up and burned, prosecutors have said, due to Evans' worries about DNA testing.

    The child's mother, now 18, told authorities about the killing in December, while she was incarcerated at the Washington County Juvenile Center. Because she is cooperating, prosecutors have said she will not face adult charges in the case.

    There are juvenile charges against her, but prosecutors have not revealed the nature of those charges.

    Evans appeared in court Wednesday, dressed in black slacks, a short-sleeved white dress shirt and tie. Prior to the court appearance, he could be seen talking and laughing with his attorneys, Sipe and Hermon Carson, an assistant state public defender in Athens County.

    As soon as Evans recognized the local media, his demeanor became more sober. He answered several questions from Sipe and Washington County Common Pleas Court Judge Susan Boyer with "Yes" and "Yes, sir." After waiving his right to a speedy trial, Evans was taken into Boyer's office for a private meeting with his attorneys and Washington County Prosecutor Jim Schneider about discovery and when to schedule the trial.

    The court appearance began with Boyer asking Sipe whether Evans was aware of what it meant to waive his right to a speedy trial.

    "He is, your honor," Sipe replied, noting that he had filed a motion to waive that right.

    Sipe then discussed several parts of the motion in private with Evans before Boyer recommended recessing.

    http://www.mariettatimes.com/page/content.detail/id/521137.html

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    Landon Evans Trial Delayed Again

    A new trial date is expected to be set later this week for the Washington County man accused of killing and burning his newborn child.

    Landon Evans' trial was set for November...but Evans Monday agreed to continue his trial to a later date.

    Prosecutor Jim Schneider says it's expected that trial will now take place some time early next year.

    Evans was indicted earlier this year...on two counts of aggravated murder...which is a capital offense, making him eligible for the death penalty.

    http://www.wtap.com/home/headlines/99271644.html

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    Hearing in baby’s death



    Attorneys representing accused murderer Landon Evans argued Thursday that a recorded interview of their client should not be allowed as evidence because questioning continued after he requested an attorney.

    The video, a portion of which was played for Washington County Common Pleas Judge Susan Boyer, shows Evans make at least one incriminating statement after referencing an attorney.

    According to prosecutors and police, Evans, 26, formerly of Marietta, never directly asked for an attorney. Final written arguments on the matter are due from attorneys Sept. 30. Boyer will then decide whether or not the video can be played for a jury.

    Evans could face the death penalty at his February trial after he was charged earlier this year in the June 2008 killing of the baby girl he fathered with a 15-year-old family member. Police say Evans attempted multiple times to terminate the girl's pregnancy before eventually delivering the child at a Marietta motel and smothering her. Investigators say the infant's body was buried, but later dug up and burned because Evans was concerned about DNA testing.

    The child's mother told authorities about the killing in December. She has been charged in juvenile court, but prosecutors have said that she will not face adult charges because she is cooperating with the investigation.

    Evans was arrested in January of this year in Lake County, Fla., where he was living at the time. The interview that's being called into question was conducted by Marietta police Detective Troy Hawkins and Washington County Sheriff's Lt. Mark Johnson at the Lake County Sheriff's Office, just minutes after Evans was arrested after a brief foot pursuit.

    The video shows a Miranda warning advising Evans of his rights was given to at the beginning of the interview. Officers explained that Evans did not have to speak and that he could have an attorney present.

    About 55 minutes into the three-hour recording, Evans indicates he may be interested in legal representation.

    "OK, you said that I'd have a lawyer be able to be present with me. And I'm not trying to waste your time. And I really want to talk to you, but I'd like to know my rights and what's really going on," Evans said. "I have no problem being very honest with you. ... I would never kill anyone. I thought I had before, but I didn't."

    At that point in the interview, Hawkins directly asked Evans if he wanted an attorney, or if he wanted to continue with the interview. Hawkins also told Evans that it could take a few days before there could be an arraignment and for the court to appoint an attorney. Evans asked the officer for a few minutes to consider his options.

    The video shows the detectives leave the interview room and leave Evans alone for approximately 10 to 15 minutes.

    "Landon, have you had some time to think?" Hawkins asked after returning to the interview room.

    "Uh-huh," Evans said.

    "Well, what do you want to do?" Hawkins asked.

    "I'd like to admit to what I did," Evans said.

    No more of the video was played on Thursday, but Assistant Washington County Prosecutor Kevin Rings said Evans goes on to admit to more.

    "(After that statement), he then admits his involvement - at least to some degree - to what is involved in the indictment," Rings said.

    Defense attorney Herman Carson, of Athens, said Hawkins and Johnson misled and lied to Evans, which Rings said had nothing to do with the argument filed with the court.

    Carson asked Hawkins if he was aware the Lake County Public Defender's Office was located directly across the street from the sheriff's office where the interview was conducted, to which Hawkins replied he did not.

    Carson also asked Hawkins if he ever asked about getting an attorney for Evans.

    "No, because he never asked for one," Hawkins said.

    Evans is charged with seven felony counts, including aggravated murder, unlawful sexual conduct with a minor, gross abuse of a corpse and tampering with evidence. He has pleaded not guilty.

    A three-week trial on the matter is set to begin Feb. 7.

    Evans was present in the courtroom, dressed in an orange, jail-issued jumpsuit and shackled at the legs and wrists. He made no statement, but frequently whispered to his attorneys and appeared to be taking notes during the testimony.

    http://www.mariettatimes.com/page/content.detail/id/529880.html

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    Infant murder trial is planned for April
    January 3, 2011 - By Evan Bevins

    The man accused of murdering his newborn daughter in 2008 to cover up his sexual relationship with an underage family member is scheduled to stand trial in April.

    Landon C. Evans, 26, could face the death penalty if convicted.

    Although Evans waived his right to a speedy trial and the date has been pushed back several times, attorneys on both sides of the case believe the current April 11 start date will stand.

    "I don't see any reason from the state's perspective why that date shouldn't be good," said Assistant Washington County Prosecutor Kevin Rings.

    Marietta attorney Dennis Sipe, one of the lawyers representing Evans, agreed.

    "I think that's a good date. We expect it to commence," he said.

    In the April 2010 hearing in which his client waived his right to a speedy trial, Sipe cited the complexity of the case and vast amount of preparation needed, including work in Florida and California and the interviewing of witnesses, a process that is under way.

    Evans has pleaded not guilty to seven felony counts, including aggravated murder, unlawful sexual conduct with a minor, gross abuse of a corpse and tampering with evidence.

    Evans was indicted on the charges in March. Prosecutors say he had a sexual relationship with the child's mother, who is related to him and was underage at the time. It is alleged that he tried multiple times to terminate the pregnancy, including by punching her repeatedly in the stomach.

    The mother's name has not been released by authorities because she was a juvenile at the time of the killing. She was incarcerated at the Washington County Juvenile Center when she revealed the killing in late 2009.

    Prosecutors said earlier this year that she would not face adult charges because she was cooperating with authorities. They said she was facing juvenile charges but have declined to disclose the nature of those charges.

    Rings said this week that he could not address her charges without going into more detail about the case against Evans.

    "We can't really talk about (her) case without talking about Landon Evans' case," he said.

    http://www.mariettatimes.com/page/co....html?nav=5225

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    Judge: Jury can hear Evans’ statements



    MARIETTA - A jury will be allowed to watch and listen to a recorded interview in which accused murderer Landon Evans makes incriminating statements, a Washington County judge has ruled.

    Attorneys representing Evans, 26, formerly of Marietta, had argued that the interview should not be allowed as evidence because questioning continued after he requested an attorney. The video, a portion of which was played for Washington County Common Pleas Judge Susan Boyer during a September hearing, shows Evans make at least one incriminating statement after referencing an attorney.

    Evans could face the death penalty if convicted of the June 2008 killing of a newborn girl he allegedly fathered with a 15-year-old family member. The case is set to go to trial April 11.

    Assistant Washington County Prosecutor Kevin Rings said Evans never directly asked for an attorney and defended the questioning, which was conducted by Marietta police Detective Troy Hawkins and Washington County sheriff's Lt. Mark Johnson. Rings said the statements on the video are critical to his case against Evans.

    Boyer issued her written ruling on the matter late last week, saying Evans' reference to an attorney was too ambiguous.

    Evans' defense attorney, Dennis Sipe of Marietta, said he disagreed.

    "To me, this wasn't (too ambiguous)," Sipe said. "Considering his age and education, I think it is clear he was asking for a lawyer."

    Under the rules of evidence, the questioning of a suspect should stop once the individual requests an attorney.

    Evans was arrested in January 2010 in Lake County, Fla., where he was living at the time. The interview that's being called into question was conducted at the Lake County Sheriff's Office, just minutes after Evans was arrested following a brief foot pursuit.

    The video shows Evans was given a Miranda warning advising him of his rights at the beginning of the interview. Officers explain that Evans does not have to speak and that he could have an attorney present.

    About 55 minutes into the three-hour recording, Evans indicates he may be interested in legal representation.

    Hawkins directly asks Evans if he wants an attorney, or if he wants to continue with the interview. Hawkins also tells Evans it could take a few days before there could be an arraignment and for the court to appoint an attorney. Evans asks the officer for a few minutes to consider his options.

    The video shows the detectives exit the interview room, leaving Evans alone for approximately 10 to 15 minutes.

    After returning to the room, Hawkins asks Evans what he wants to do.

    "I'd like to admit to what I did," Evans says.

    http://www.newsandsentinel.com/page/....html?nav=5061

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    Ohio murder trial likely to begin in April

    The trial of a former Marietta man accused of killing his newborn baby in 2008 will likely still begin April 11, following a court hearing Friday.

    Landon Evans, 26, appeared in Washington County Common Pleas Court Friday for a short hearing during which his attorneys and Washington County Prosecutor Jim Schneider agreed to dismiss several potential jurors from the pool.

    Those dismissed included a detective from the Washington County Sheriff's Office investigating the case, the wife of the lead investigator and a Marietta Times reporter.

    Evans appeared in court wearing dress pants and shirt with a tie, in handcuffs. He did not speak during the hearing.

    Schneider said things appear to be on track for the April trial, after the trial date was pushed back several times and there are no more court hearings scheduled regarding the case.

    "At this time there are no motions pending," he said following Friday's hearing.

    Evans has pleaded not guilty to seven felony counts, including aggravated murder, unlawful sexual contact with a minor, gross abuse of a corpse and tampering with evidence. He could face the death penalty.

    Evans is accused of having a sexual relationship with a 15-year-old family member and attempting to terminate a resulting pregnancy multiple times. Investigators have said when that failed, Evans delivered the baby girl in a Marietta motel and smothered her, then buried the body, later digging it up and burning it due to concerns about DNA testing.

    The mother of the child confessed to authorities in December 2009, officials said, and Evans was arrested the next month in Lakeland County, Fla., where he was living at the time. The mother of the baby is said to be cooperating with authorities and is not facing adult charges.

    http://www.newsandsentinel.com/page/....html?nav=5061

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    The former Marietta man accused of killing a newborn girl he fathered with an underage family member in 2008 reached a plea agreement Tuesday that spares his life and leaves him facing up to 24 years in prison.

    Landon Evans, 27, agreed Tuesday to plead guilty to a bill of information that included charges of involuntary manslaughter, unlawful sex with a minor, tampering with evidence and abuse of a corpse. He is set to be sentenced May 12.

    His trial had been set to begin in Washington County Common Pleas Court Monday.

    Evans was arrested in early 2010 in Lakeland County, Fla., shortly after the mother of the child reported the crimes. Officers said they believed Evans smothered the newborn girl after helping to deliver her, in an attempt to conceal the sexual relationship with the mother.

    Assistant Washington County Prosecutor Kevin Rings said until Tuesday, Evans had never taken responsibility for the death of the child.

    "This was going to be a tough case because we never recovered a body," he said. "There's no forensic evidence, no coroner's report. The only person who could say this child was born alive was 16 at the time of the events, and although we've been able to corroborate a lot of what she said, it all was going to boil down to what happened in that hotel room."

    The girl, now 18, told police she concealed her pregnancy and after several failed abortion attempts, the pregnancy progressed and she went into labor. She claimed Evans assisted with the delivery of a baby girl in a Marietta motel.

    Rings said the girl reported hearing the child cry, while Evans maintained the child was stillborn.

    On Tuesday, Evans' attorney, Dennis Sipe of Marietta, said the young mother was bleeding profusely after the delivery and Evans turned his attention to her. He said the newborn died during that time.

    Other than entering guilty pleas, Evans did not offer any statements about the crimes.

    Rings said he was concerned that the trial could have resulted in an acquittal or hung jury on the murder charge. He said Evans had admitted to everything except the murder charge.

    "If that would have happened, he would have been left facing seven or eight years on the remaining counts, which wasn't acceptable," Rings said. "This (plea deal) resolves the case and I'm confident he will get a severe sentence ... I'm going to request the maximum."

    Rings said he was not sure what the murder trial and potential appeals would have cost the county. Death penalty trials are much more expensive than other trials.

    "The cost wasn't a concern," he said. "I wanted him to take responsibility for the death of this child."

    Rings said the involuntary manslaughter charge fits because Evans did not clear the child's airway, cut the umbilical cord or seek out medical assistance. The tampering and abuse of a corpse charges were related to Evans' attempt to conceal the child's existence.

    Police said Evans and the child's mother buried the body in the Wayne National Forest, later dug the body up and burned it near the Hune Covered Bridge due to concerns about DNA testing.

    Rings said the child's mother was charged in connection with the case in juvenile court, but he said he was prevented from discussing more details about her case.

    "She was charged with offenses that would be felonies if committed by an adult," he said. "After we determined not to try her as an adult, we focused on Evans and his responsibility."


    http://www.newsandsentinel.com/page/....html?nav=5061

  10. #10
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    Former Marietta resident, Landon Evans, 27, received the maximum sentence this morning by Washington County Common Pleas Judge Susan Boyer. Evans, accused of delivering his baby in a Marietta motel in 2008 and then killing her, was sentenced to 24 years in prison for involuntary manslaughter, six counts of unlawful sexual conduct with a minor, tampering with evidence and gross abuse of a corpse. He pleaded guilty to those charges in April. Evans was accused of killing his infant newborn to cover up a sexual relationship with his half sister. He was arrested in early 2010 in Lakeland County, Fla., where he was living at the time, after the mother of the child confessed to authorities in December 2009.

    http://www.mariettatimes.com/page/co...id/535930.html

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