GUILTY IN - Skylea Carmack, 10, Gas City, Grant County, 31 Aug 2019 *stepmom arrested* *appeal filed 2022*

[AmandaReckonwith]

Court members involved in Grant County murder trial quarantined after positive COVID-19 tests

 

[JerseyGirl]

Amanda Carmack Trial on Hold Due to Coronavirus

 

[AmandaReckonwith]

Mistrial declared.

Because of Covid.

 

[Lusitana]

Mistrial declared.

Because of Covid.

What happens next?

 

[Laughing]

Mistrial declared.

Because of Covid.

Shaking my head.

jmho ymmv lrr

 

[AmandaReckonwith]

Probably start from square one. New jury, new trial date.

 

[AmandaReckonwith]

Court cancels Carmack murder trial

A mistrial is not a dismissal. The charges against Carmack remain. Grant County Prosecutor Rodney Faulk said he intends to seek another jury trial regarding the case. No jury trial date has been set as of deadline Monday.

Spitzer said he was notified Monday that a spouse of an individual associated with the trial tested positive for COVID-19 on Nov. 1, which would cause the trial to be further delayed.

“The individual is a critical participant in the trial,” Spitzer said. “Under the CDC Guidelines, the individual would need to quarantine for a period of 14 days after the expiration of the spouse’s 10-day isolation period -- a total of 24 days.”

Spitzer said his decision to grant a mistrial stemmed from Indiana Supreme Court precedent that sets a standard for appropriate delay in the midst of a trial.

“Based upon the five-part test set out in (Bell v. State), the Court finds that another delay, particularly of such magnitude, is inappropriate,” Spitzer wrote in his order Monday. “The Court further finds under the circumstances that there is a manifest necessity to grant a mistrial in the case.…

Spitzer noted that the defense objected to the decision to grant a mistrial.

“The Court makes such Order… with full appreciation that all parties, attorneys, jurors, and, indeed, the Court, would have preferred to complete the trial if it were possible to do so timely, safely and within the bounds of fundamental fairness,” Spitzer wrote. “The Court commends counsel for their extensive preparation and effective presentation of evidence and arguments, and commends the jurors for their patience and careful attentiveness. These efforts were all the more commendable as they occurred in the throes of a pandemic.”

 

[AmandaReckonwith]

Mistrial

 

[AmandaReckonwith]

COVID-19 cases lead to mistrial for Gas City woman accused of killing stepdaughter | Fox 59

The Court makes such Order over the objection of the Defendant and with full appreciation that all parties, attorneys, jurors, and, indeed, the Court, would have preferred to complete the trial if it were possible to do so timely, safely and within the bounds of fundamental fairness. The Court commends counsel for their extensive preparation and effective presentation of evidence and arguments, and commends the jurors for their patience and careful attentiveness. These efforts were all the more commendable as they occurred in the throes of pandemic. Nonetheless, with great reluctance, the Court declares mistrial in this cause.

 

[imstilla.grandma]

Court proceedings had already been delayed after individuals associated with the trial tested positive for COVID-19. An individual considered a “critical participant in the trial” will have to quarantine for an additional 14 days after a spouse’s 10-day isolation. The court said that would result in a 24-day delay, and with the Thanksgiving holiday quickly approaching, the trial would be further delayed “as a practical matter.”

The mistrial doesn’t dismiss the charges against Carmack; it simply means prosecutors will need to seek another trial.
COVID prompts mistrial in Indiana case of woman accused of murdering stepdaughter

 

[scriabina]

Wouldn't waiting 24 days be faster than starting all over from scratch with a new trial?

 

[Luckyzmom]

Due to covid I believe it's judges discrestion, lots of areas are getting hit hard with it. MOO

 

[wary]

Wouldn't waiting 24 days be faster than starting all over from scratch with a new trial?

Maybe unfair stress on jurors?

 

[meanmaryjean]

New trial date set for woman charged in murder of stepdaughter

Explains a little of why there was a mistrial

 

[borndem]

Shaking my head.

jmho ymmv lrr

You said it, @Laughing -- shaking my head and heaving a big sigh.
No surprise, really, now is it?
The Court cannot arrest & jail germs... I wonder how many other trials, jury selections, etc., have been waylaid the same way...
And it ain't over, Jerome (as they say)!
But things are already beginning to improve.
We'll all just keep on keepin' on as much as we can. ......

 

[JMapes]

Every year on March 1st, the disability community comes together to remember the victims of filicide – people with disabilities killed by their family members.

Today we remember Skylea Carmack, may she rest in peace.

Skylea Carmack – Disability Day of Mourning

 

[Knox]

Every year on March 1st, the disability community comes together to remember the victims of filicide – people with disabilities killed by their family members.

Today we remember Skylea Carmack, may she rest in peace.

Skylea Carmack – Disability Day of Mourning

Hopefully we can do better in the monitoring and prevention realms with these sweet children and their caretaker.

 

[Lusitana]

I didn’t know Skylea had a disability, I thought I heard she had cancer at some point in her life? Or am I making this up?

 

[JerseyGirl]

New trial date set for woman charged in murder of stepdaughter

Explains a little of why there was a mistrial

An April 19, 2021 trial has been set for a Grant County woman charged in the murder of her stepdaughter.

 

[JMapes]

I didn’t know Skylea had a disability, I thought I heard she had cancer at some point in her life? Or am I making this up?

Skylea was originally reported missing with a silver alert, which is for those with mental disabilities, Alzheimer's, dementia etc. She was believed to be at risk of extreme danger and may require medical assistance. When the search for her began, it was reported that she had run away with a 'puzzle piece' or 'autism awareness' blanket, but it was never outright stated that she was autistic, as far as I can remember.

A local group held a vigil which honored Skylea and others in Muncie, IN in 2020, and I imagine they did the same for this year's Day of Mourning as well.

Local Disability Community Commemorates Lives of Disabled Victims of Violence — Muncie Journal