Post by CCADP on Apr 9, 2006 8:16:12 GMT -5
ALABAMA----female faces death penalty
Suspect refuses to deal----Prosecutors to pursue death penalty against
Orange Beach woman after she refuses to accept manslaughter plea
An Orange Beach woman charged with capital murder for allegedly drowning
her newborn son rejected a plea agreement offer from prosecutors Thursday.
Marsha Gossett Colby was offered a 20-year prison sentence if she agreed
to plead guilty to manslaughter, instead of facing the death penalty,
according to testimony at a hearing Thursday.
When Colby turned that down through her attorney, Wilson Myers,
prosecutors said they would continue to pursue the death penalty against
her.
Attorneys on both sides had discussed a possible plea deal for months, but
never reached an agreement, Myers said.
"I'm certainly not shutting the door on a plea offer in the case," he said
after the hearing. "I'm just hoping the process will continue. We're just
not there right now."
He continued, "Marsha maintains her innocence in this case, as that she
did not intentionally kill the child."
Baldwin County Circuit Court Judge James H. Reid set an Aug. 21 trial
date, but said he would hear a defense motion to set a bond for Colby in
the next few weeks. Colby, 41, is being held without bond in the Baldwin
County Corrections Center in Bay Minette.
Myers said he wanted Colby to deny the prosecution's offer "because she's
not guilty."
Hired by Colby's family, Myers also asked the judge to appoint an
additional lawyer to the case because of the extra legal work he expected.
The trial could take up to 2 weeks, Myers said.
The alleged drowning occurred in February 2005. Prosecutors contend that
Colby buried the child's body in a shallow, muddy grave behind her Orange
Beach trailer home.
A two-count indictment against Colby states that she caused Timothy
Colby's death "by drowning or other means" and that she failed "in her
parental duty to provide necessary medical services."
Colby was arrested about a week after the alleged drowning, when
authorities dug up the body.
Investigators had found Timothy's body wrapped in a blanket and stuffed
into a trash bag, buried in a grave marked by an upright 4-by-4 post.
Colby's previous defense attorney, Wayne Doerr, had claimed that the
infant was born dead, according to reports. Results of an autopsy have not
been made available.
Prosecutors have said Colby killed the baby at least partly because she
could not afford to raise him.
Family members have said that up until the final days of her pregnancy,
Colby worked as a roofer in the company she owned with her common-law
husband, Glenn Brewer.
(source: Mobile Register)
Suspect refuses to deal----Prosecutors to pursue death penalty against
Orange Beach woman after she refuses to accept manslaughter plea
An Orange Beach woman charged with capital murder for allegedly drowning
her newborn son rejected a plea agreement offer from prosecutors Thursday.
Marsha Gossett Colby was offered a 20-year prison sentence if she agreed
to plead guilty to manslaughter, instead of facing the death penalty,
according to testimony at a hearing Thursday.
When Colby turned that down through her attorney, Wilson Myers,
prosecutors said they would continue to pursue the death penalty against
her.
Attorneys on both sides had discussed a possible plea deal for months, but
never reached an agreement, Myers said.
"I'm certainly not shutting the door on a plea offer in the case," he said
after the hearing. "I'm just hoping the process will continue. We're just
not there right now."
He continued, "Marsha maintains her innocence in this case, as that she
did not intentionally kill the child."
Baldwin County Circuit Court Judge James H. Reid set an Aug. 21 trial
date, but said he would hear a defense motion to set a bond for Colby in
the next few weeks. Colby, 41, is being held without bond in the Baldwin
County Corrections Center in Bay Minette.
Myers said he wanted Colby to deny the prosecution's offer "because she's
not guilty."
Hired by Colby's family, Myers also asked the judge to appoint an
additional lawyer to the case because of the extra legal work he expected.
The trial could take up to 2 weeks, Myers said.
The alleged drowning occurred in February 2005. Prosecutors contend that
Colby buried the child's body in a shallow, muddy grave behind her Orange
Beach trailer home.
A two-count indictment against Colby states that she caused Timothy
Colby's death "by drowning or other means" and that she failed "in her
parental duty to provide necessary medical services."
Colby was arrested about a week after the alleged drowning, when
authorities dug up the body.
Investigators had found Timothy's body wrapped in a blanket and stuffed
into a trash bag, buried in a grave marked by an upright 4-by-4 post.
Colby's previous defense attorney, Wayne Doerr, had claimed that the
infant was born dead, according to reports. Results of an autopsy have not
been made available.
Prosecutors have said Colby killed the baby at least partly because she
could not afford to raise him.
Family members have said that up until the final days of her pregnancy,
Colby worked as a roofer in the company she owned with her common-law
husband, Glenn Brewer.
(source: Mobile Register)