Wednesday, July 15, 2020

Court grants motion to sever exploitation cases

by  Samantha McDaniel-Ogletree

A motion to sever the cases of two Morgan County women facing charges of unlawful exploitation of an elderly person was granted Thursday via a Zoom conference.

Court hearings for Joyce Gill, 64, and her daughter, Jewell Maul, 39, have, until now, been joint hearings.

The women are accused of making $39,449 in transactions from the bank account of Norma Notson, who was 88 and in their care at the time.

On Thursday, Gill’s attorney, Tom Piper, asked the judge to approve a motion filed June 24, requesting that the cases be separated for trial purposes.

“We believe it is necessary and in the best interest of the court and justice to sever these cases for trial,” Piper said. “Evidentiary issues might come up during a joint trial that are prejudice for one client and not the other.”

In his motion, Piper argues that, though the charges are similar, evidence will be different.

“The defendant’s defense herein is antagonistic to the defense of Jewell Maul in that defendant will assert, as one of her defenses, diminished capacity due to advanced age, mental health concerns and psychotropic medications which defendant was administered,” the motion states.

The motion also argues that Gill will be presenting evidence of “substantial domestic abuse by Robert Gill, her husband, and at whose directions and orders the defendant acted.”

Neither Special Appellate Prosecutor Matt Goetten or Maul’s attorney, Carrie Magerl, objected to the motion, agreeing that the cases should be handled separately if the cases go to a jury trial.

If the cases go to a bench trial, they could be heard as one.

Also during Thursday’s hearing, hints were made about a potential resolution to the case.

Piper suggested continuing the case as the parties continue to work on it.

“I think we could be close to a resolution in this case and can come to some agreement,” Piper said.

The case has been scheduled for a status hearing at 10:30 a.m. Sept. 11 at the Morgan County Courthouse.

Full Article & Source:
Court grants motion to sever exploitation cases

No comments: