Trial for Ellison may start this summer
With his codefendant already tried, convicted and sentenced, Charles Ellison, a Lake Havasu City man accused of murdering an elderly Kingman couple in 2000, was back in court Friday, still without a trial date set.
While filing several motions, Vincent Iannone, Ellison's attorney, said he still have not received all the requested transcripts from the trial of Ellison's co-defendant Richard Finch and may not be ready for a trial until late summer.
Deputy County Attorney Matt Smith said that with only a few witnesses left to interview he would prefer to start the trial sooner, possible as early as June.
Mohave County Superior Court Judge Robert Moon in seeking a date to start the long-delayed trial set April 27 for the next status hearing.
Ellison is charged with first-degree murder and first-degree burglary, both felonies, in the murders of Lillian Boucher, 73, and her husband Joseph Boucher, 79, after allegedly burglarizing their Kingman home Feb.
Finch, 27, was found him guilty in September for his part in the Bouchers' deaths.
In an emotional sentencing hearing Moon sentenced Finch to life in prison.
Iannone without filing a motion brought up the issue whether to reassign Ellison's case to another judge on the issue whether or not Moon would be impartial to his client.
During his trial, Finch's defense attorney attempted to place the blame on Ellison who they said masterminded the burglary and ordered Finch to kill Mrs.
Boucher by pointing a gun at him.
Iannone later said he would decide on filing a motion for a new judge after reviewing Moon's lengthy verdict at Finch's sentencing.
The Lake Havasu City attorney also filed a motion to strike down a possible death penalty sentence if his client is found guilty, citing that capital punishable was cruel and unusual punishment especially after an inmate has to wait a period of time knowing they are facing death.
"There is one liberal democracy that employs capital punishment and that is the United States," Iannone said.
"It is inappropriate for the state to kill anyone."
Smith countered that the death penalty is the law in Arizona.
Finch and Ellison reportedly met in a bar in Lake Havasu City on Feb.
Ellison then allegedly asked Finch to back him up for an out-of-town job.
Finch agreed and accompanied him to Kingman where they stopped at another bar, then proceeded to a Kingman neighborhood, records show.
They allegedly entered Boucher's home, tied up the couple, and stole some jewelry, a gun and some cash before allegedly suffocating the couple to death.
Their bodies were discovered two days later, records show.
Finch was arrested two days after the murder, while Ellison was arrested several days after that.