|
SOUTH |
Attorneys for a man accused of killing Daniel Ott of Chardon almost a decade ago are asking a Geauga County judge to dismiss the case because authorities have engaged in a pattern of interfering with or intimidating defense witnesses, evidence obstruction and making false or misleading statements to the court.
Chad South, 46, is one of five people charged in the May 26, 2006, murder-for-hire slaying which killed the wrong Daniel Ott.
He allegedly conspired with former Logan County chop shop operator Joe Rosebrook, 60, and his brother, Carl “Jeff” Rosebrook, 58, of East Liberty, to kill a man who had turned state’s evidence against the elder Rosebrook brother in a 2004 case.
All three men have been charged with two counts of aggravated murder, two counts of kidnapping and one count of conspiracy to commit murder.
In December, a Geauga County grand jury handed up indictments charging Mindy Mock Stanifer, 37, of Westmoreland, Tenn., with two counts of aggravated murder, two counts of kidnapping and one count of conspiracy to commit murder, and Alva Jacobs, 35, of Huntsville, Ala., with felony obstructing justice.
Both allegedly were with Mr. South on the day of the slaying and both are not cooperating with sheriff’s investigators.
R. Robert Umholtz, one of the public defenders representing Mr. South, said in his motion the indictments are examples of authorities intimidating potential witnesses who could be beneficial to his client’s defense. (click to download motion)
He also claims Geauga County sheriff’s detectives as recently as March 7 questioned and harassed two potential alibi witnesses, leading Jason Harvey of Dayton, a former employer of Mr. South, to say he would not cooperate with the defense attorneys, and coworker Chad Malay to move from the area.
Both men told defense investigators the suspect was in Dayton at a job site the day of the shooting.
Mr. Umholtz further argues in his briefs that the Geauga County Prosecutor’s Office delayed and withheld discovery evidence beneficial to the defense.
He also claims prosecutors did not accurately describe to the court scheduling problems for a disposition of Richard Carter, a former prison inmate at London Correctional Institution while Mr. South was incarcerated there for 71/2 months in 2010.
Geauga County Common Pleas Judge Forrest W. Burt has set a Thursday hearing on the motion.
A message left with Assistant Geauga County Prosecutor Jennifer Driscoll was not returned.
Authorities allege Mr. South and Joe Rosebrook hatched the murder scheme while the two were imprisoned in 2005.
Mr. Rosebrook was serving a 10-year sentence for conspiracy to commit aggravated murder, receiving stolen property, obstructing justice and concealing or altering a motor vehicle identification number.
He wanted Daniel Ott, a convicted auto thief living in Akron, killed for exposing a plan to murder a Logan County man slated to testify in a racketeering case against Mr. Rosebrook.
Mr. Ott, now in his 70s, told authorities of the plan which led to Mr. Rosebrook’s conviction.
Mr. South allegedly was to receive payment for the 2006 hit from Carl Rosebrook.
Officials say the Mr. South lost directions to the intended target and located the wrong victim.
They believe he realized his mistake and used duct tape to confine the victim and his girlfriend before leaving the Chardon-area residence.
The 31-year-old victim broke free and tackled the gunman who was armed with a shotgun.
Daniel Ott died from the single gunshot.