Michael Younger, left, recently re-indicted on charges stemming from a 1999 Valentine's Day triple slaying in Cleveland, Tenn., sits with investigator Jack Lakin, who works for defense attorney Susan Shipley, who represents the defendant.CLEVELAND, Tenn. - An Oct. 13 hearing has been scheduled to hear new motions filed on behalf of Michael Younger, a suspect in a triple slaying that occurred in Cleveland on Valentine's Day in 1999.
The underlying argument of the motions, which include an expedited appeal, is that a recent reindictment of Younger on charges related to the killings constitutes double jeopardy, said Susan Shipley, Younger's attorney.
In 2010, a mistrial was declared because of prosecutorial misconduct in Younger's case.
Younger and co-defendants Maurice Johnson and Twanna "Tart" Blair were accused of murdering Donna Rogers, Cayci Higgins and Orienthal "O.J." Blair. The victims were discovered in a Cleveland apartment, shot execution-style, the day after "O.J" Blair - Twanna's cousin - had a fight with Johnson.
"This case has a tortuous procedural history," Special Judge Jon Kerry Blackwood wrote in a Sept. 19 ruling on motions heard Sept. 2 in Younger's defense.
A motion to set a reasonable bond for Younger was granted, and Blackwood set it at $500,000.
Younger had not posted bond as of Sept. 24, according to Bradley County Criminal Court.
Blackwood denied a motion to dismiss the case in light of due-process violations caused by conflicts of interest with former prosecutor Richard Fisher - who reindicted Younger in March - and other members of the 10th Judicial District Attorney's Office.
The actions taken by Fisher were "tainted because he had an interest in vindicating his own personal and professional reputation when he presented the case," Shipley said at the hearing.
Motions to dismiss a number of conspiracy-related charges were granted based on statutes of limitations.
All three defendants have been tried separately.
In September 2009, a jury failed to reach a verdict in a trial in which Twanna Blair faced a charge of especially aggravated burglary and three counts of murder. Judge Amy Reedy acquitted her of all charges.
Prosecutors asserted that she was involved in the slayings despite the fact that she suffered a gunshot wound to the back and was left with the victims.
New indictments against Blair, also made by Fisher in March, were dismissed in June by Blackwood, who stated Blair had a constitutional right not to be tried for the same crime twice.
Johnson, convicted of three counts of first-degree murder in 2009, was sentenced to life in prison. He now is seeking post-conviction relief, alleging that his original attorneys failed to properly defend his case.
Paul Leach is based in Cleveland. Contact him at paul.leach.press@gmail.com.