Judge Coss outlines added expenses for capital murder trial

Highland County Common Pleas Court Judge Rocky Coss informed Commissioners Tom Horst and Gary Heaton Wednesday of the additional expenses related to the capital murder case of Wesley Coonrod scheduled for October. 

Coss' preliminary estimate for added costs was $48,280. Coss said that was a "conservative" estimate.

   "Your preliminary estimate is around $50,000, but you expect it to go higher?" Heaton asked.

   "Yes," Coss said, adding that attorney fees were not included in the estimate. The judge said the expenses could reach $80,000 to $100,000, not including attorney fees. 

   Coss explained that there may be as many as 200 to 300 potential jurors for the case. "We expect to go through 200 or 300 to get a jury; maybe not that many," Coss said. "The kicker here is that it's the death penalty. We plan to have 200 to 300 in the (jury) pool."

   Coss said the court would scheduled approximately 50 jurors at a time. He requested the use of the basement meeting room in the Administration Building. Commissioners agreed to make the room available.

Follwing is Judge Coss' June 16 letter to the commissioners in which the judge outlines possible additional appropriations to Common Pleas Court 2010 budget because of the trial.

June 16, 2010

To: Board of Commissioners

Highland County

Governor Foraker Place

Hillsboro, Ohio 45133

Re: Possible additional appropriations to Common Pleas Court 2010 budget

Dear Commissioners,

As you know, there is an Aggravated Murder capital case pending before the Court. Several items in the court's 2010 budget did not provide

for the expenses of a capital murder case as our county has had only one such case in the past decade. As this case proceeds, it will

likely be necessary for you to make additional appropriations to the court's stenographer, supplies, jury fees and other expense line items

as well as to indigent defense in the commissioners' budget and salaries to the Sheriff or Court's budget.

Enclosed herewith is an estimate of the extraordinary expenses that will be incurred if this case proceeds to trial. The explanation of those estimates is as follows:

1. Stenographer for court proceedings. The Defendant requested that all proceedings be recorded by a stenographer in addition to the

normal audio recording. This request was granted to ensure a complete record of the proceedings is made. It is estimated that the cost will

be $250 per day, and that there will be 15 days of court proceedings. There is no money in the stenographer line item for the court as that

was eliminated as part of the budget cuts made last year. Therefore, there will be a need for $3,750 to be appropriated to that line item.

2. Postage for injury: There will be additional mailings beyond what is done in the typical criminal case. I anticipate mailing 500 forms

in the first mailing, 350 in the second and 300 the final mailing. The estimated cost of that is $220 for the first, $154 for the second and

$132 for the final. This is a total of $506.

Postage is paid from the supplies line item and this amount was also reduced as part of the budget cuts. It was clear that this would not

be enough for the entire year and as of May 31, there is less than $1,300 in that line item for the remainder of the year without this

case. I had already contemplated requesting a transfer of funds to that account to cover normal mailing expenses. Therefore, there will

be a need for $500 more to be appropriated to the supplies account by July 1.

3. Jury fees: I anticipate that jury selection will take three to five days. We will bring prospective jurors in groups of 50 in the morning

and 50 in the afternoon. It will be necessary to utilize other rooms in the courthouse and administration building since the courtroom

cannot accommodate more than 50 prospective jurors and still have room for spectators and other personnel.

The appropriation for jury fees this year is $15,000. $5,836 had been expended from this line item as of May 31 which is an average of

approximately $1,167 per month. If that average continues, the total expended for the year will be approximately $14,000. I cannot predict

with any certainty the number of criminal jury trials each year. Thus far in 2010 there have been six criminal jury trials, five of which

lasted two days. The cost for a normal criminal jury trial for jury fees is $530 for one day calculated as follows: 40 jurors report for

one-half day at the rate of $10 per one-half day, which equals $400. The 12 jurors plus one alternate selected are paid $130 for the rest

of that day. If the trial goes into a second day, the cost if $130 per one-half day.

As you can easily see, if the capital case proceeds to trial, there will be insufficient monies in the jury fee account to pay the jurors.

Therefore, I anticipate you will have to appropriate an additional $16,400 to the jury fee line item by September 15, so that the monies

will be there to pay the jurors. Obviously, these are only estimates and the totals could be more or less than set forth herein depending

upon the length of the trial which I have estimated to be three weeks total.

4. Additional uniformed bailiffs: Due to the large number of persons that will be summoned for jury selection, it will be necessary to have

additional uniformed criminal bailiffs during that process. These services will be in addition to that required for prisoner escort, and

courtroom security. I estimate that we will need at least 24 hours each for two additional uniformed bailiffs from the Sheriff's

Department for the jury selection phase of the trial. The sheriff estimates this will cost approximately $28 per hour per bailiff.

Once deliberations commence, the jury must be sequestered in a motel and be supervised by uniformed bailiffs from the Sheriff's Department

around the clock. This means at least two deputies, for approximately 16 hours per day for each day the jury is sequestered out of court.

None of these expenses are covered by the current court or sheriff's budget. Whether the additional security provided by uniformed deputy

sheriffs is paid from the court budget or the sheriff's budget, there will need to be an additional appropriation for those salaries and costs by September 15.

5. Motel rooms: In addition, the court will have to pay for motel rooms and meals for jurors since they must be sequestered when

deliberations are conducted. Normally, two jurors per room would be assigned, but the number of rooms depends upon the gender of the jury,

since we cannot place male and female jurors in the same room. There will be a minimum of nine rooms since there will be 12 jurors and six

alternates and the alternates will not be discharged until all deliberations are completed.

The estimated cost will be $80 per day per room depending upon the location and availability of that many rooms. It is possible we may

need two locations depending upon the number of rooms needed. It is reasonable to assume that deliberations in the trial phase will last

at least two days and deliberations in the penalty phase will last three days if that occurs. These will occur approximately 5-10 days apart as the trial occurs in two distinct phases.

6. Juror meals: Estimated meal costs per diem for jurors are $30. This may be an overly conservative number as the jurors will have to eat alone and be escorted by uniformed bailiffs.

7. Indigent defense costs. To date, I have approved limited amounts requested for investigators, a psychologist and fire investigator for

the defense. The approved amounts for each of those itemized are less than what was originally requested, so it is likely the total will be

more. It is my understanding that these items can be paid from the indigent counsel fund in the commissioners' budget. I do not know the

total appropriation for that line item for 2010, but the above expenses were obviously not anticipated when you adopted the budget.

It is my assumption that since the State Public Defender is providing two attorneys as required by the Ohio Supreme Court, that you will not

be billed for their time. Therefore, I have not included the estimated costs for the attorneys.

Obviously, these are estimates only. The actual cost will depend on the actual time spent by defensive investigators and consultants in

trial preparation and trial, as well as the actual time of the trial. The actual total will likely be more. As indicated, some of these additional appropriations will not need to be made until mid September. However, I thought you should be aware of this now so that you will have ample time to make the difficult decision as to the source of the necessary funds. If the appropriations are made and not all funds are used, I will submit a request for you to amend the court' budget to reduce it by the amount of additional appropriated funds not spent.

I will notify you of any other financial requirements for this or any other case that should come before the court when I become aware of

them. As always, if you have any questions about this or any other matter concerning this court, please contact me.

Sincerely,

Rocky A. Coss, Judge

Highland County Common Pleas Court Judge Rocky Coss informed Commissioners Tom Horst and Gary Heaton Wednesday of the additional expenses related to the capital murder case of Wesley Coonrod scheduled for October. 
Commission President Shane Wilkin was not in attendance due to an illness. 

Coss' preliminary estimate for added costs was $48,280. Coss said that was a "conservative" estimate.

   "Your preliminary estimate is around $50,000, but you expect it to go higher?" Heaton asked.

   "Yes," Coss said, adding that attorney fees were not included in the estimate. The judge said the expenses could reach $80,000 to $100,000, not including attorney fees. 

   Coss explained that there may be as many as 200 to 300 potential jurors for the case. "We expect to go through 200 or 300 to get a jury; maybe not that many," Coss said. "The kicker here is that it's the death penalty. We plan to have 200 to 300 in the (jury) pool."

   Coss said the court would scheduled approximately 50 jurors at a time. He requested the use of the basement meeting room in the Administration Building. Commissioners agreed to make the room available.

Follwing is Judge Coss' June 16 letter to the commissioners in which the judge outlines possible additional appropriations to Common Pleas Court 2010 budget because of the trial.

June 16, 2010

To: Board of Commissioners

Highland County

Governor Foraker Place

Hillsboro, Ohio 45133

Re: Possible additional appropriations to Common Pleas Court 2010 budget

Dear Commissioners,

As you know, there is an Aggravated Murder capital case pending before the Court. Several items in the court's 2010 budget did not provide for the expenses of a capital murder case as our county has had only one such case in the past decade. As this case proceeds, it will likely be necessary for you to make additional appropriations to the court's stenographer, supplies, jury fees and other expense line items as well as to indigent defense in the commissioners' budget and salaries to the Sheriff or Court's budget.

Enclosed herewith is an estimate of the extraordinary expenses that will be incurred if this case proceeds to trial. The explanation of those estimates is as follows:

1. Stenographer for court proceedings. The Defendant requested that all proceedings be recorded by a stenographer in addition to the normal audio recording. This request was granted to ensure a complete record of the proceedings is made. It is estimated that the cost will be $250 per day, and that there will be 15 days of court proceedings. There is no money in the stenographer line item for the court as that was eliminated as part of the budget cuts made last year. Therefore, there will be a need for $3,750 to be appropriated to that line item.

2. Postage for injury: There will be additional mailings beyond what is done in the typical criminal case. I anticipate mailing 500 forms in the first mailing, 350 in the second and 300 the final mailing. The estimated cost of that is $220 for the first, $154 for the second and $132 for the final. This is a total of $506.

Postage is paid from the supplies line item and this amount was also reduced as part of the budget cuts. It was clear that this would not be enough for the entire year and as of May 31, there is less than $1,300 in that line item for the remainder of the year without this case. I had already contemplated requesting a transfer of funds to that account to cover normal mailing expenses. Therefore, there will

be a need for $500 more to be appropriated to the supplies account by July 1.

3. Jury fees: I anticipate that jury selection will take three to five days. We will bring prospective jurors in groups of 50 in the morning and 50 in the afternoon. It will be necessary to utilize other rooms in the courthouse and administration building since the courtroom cannot accommodate more than 50 prospective jurors and still have room for spectators and other personnel.

The appropriation for jury fees this year is $15,000. $5,836 had been expended from this line item as of May 31 which is an average of approximately $1,167 per month. If that average continues, the total expended for the year will be approximately $14,000. I cannot predict with any certainty the number of criminal jury trials each year. Thus far in 2010 there have been six criminal jury trials, five of which lasted two days. The cost for a normal criminal jury trial for jury fees is $530 for one day calculated as follows: 40 jurors report for one-half day at the rate of $10 per one-half day, which equals $400. The 12 jurors plus one alternate selected are paid $130 for the rest of that day. If the trial goes into a second day, the cost if $130 per one-half day.

As you can easily see, if the capital case proceeds to trial, there will be insufficient monies in the jury fee account to pay the jurors. Therefore, I anticipate you will have to appropriate an additional $16,400 to the jury fee line item by September 15, so that the monies will be there to pay the jurors. Obviously, these are only estimates and the totals could be more or less than set forth herein depending upon the length of the trial which I have estimated to be three weeks total.

4. Additional uniformed bailiffs: Due to the large number of persons that will be summoned for jury selection, it will be necessary to have additional uniformed criminal bailiffs during that process. These services will be in addition to that required for prisoner escort, and courtroom security. I estimate that we will need at least 24 hours each for two additional uniformed bailiffs from the Sheriff's

Department for the jury selection phase of the trial. The sheriff estimates this will cost approximately $28 per hour per bailiff.

Once deliberations commence, the jury must be sequestered in a motel and be supervised by uniformed bailiffs from the Sheriff's Department around the clock. This means at least two deputies, for approximately 16 hours per day for each day the jury is sequestered out of court.

None of these expenses are covered by the current court or sheriff's budget. Whether the additional security provided by uniformed deputy sheriffs is paid from the court budget or the sheriff's budget, there will need to be an additional appropriation for those salaries and costs by September 15.

5. Motel rooms: In addition, the court will have to pay for motel rooms and meals for jurors since they must be sequestered when deliberations are conducted. Normally, two jurors per room would be assigned, but the number of rooms depends upon the gender of the jury, since we cannot place male and female jurors in the same room. There will be a minimum of nine rooms since there will be 12 jurors and six alternates and the alternates will not be discharged until all deliberations are completed.

The estimated cost will be $80 per day per room depending upon the location and availability of that many rooms. It is possible we may need two locations depending upon the number of rooms needed. It is reasonable to assume that deliberations in the trial phase will last at least two days and deliberations in the penalty phase will last three days if that occurs. These will occur approximately 5-10 days apart as the trial occurs in two distinct phases.

6. Juror meals: Estimated meal costs per diem for jurors are $30. This may be an overly conservative number as the jurors will have to eat alone and be escorted by uniformed bailiffs.

7. Indigent defense costs. To date, I have approved limited amounts requested for investigators, a psychologist and fire investigator for the defense. The approved amounts for each of those itemized are less than what was originally requested, so it is likely the total will be more. It is my understanding that these items can be paid from the indigent counsel fund in the commissioners' budget. I do not know the

total appropriation for that line item for 2010, but the above expenses were obviously not anticipated when you adopted the budget.

It is my assumption that since the State Public Defender is providing two attorneys as required by the Ohio Supreme Court, that you will not

be billed for their time. Therefore, I have not included the estimated costs for the attorneys.

Obviously, these are estimates only. The actual cost will depend on the actual time spent by defensive investigators and consultants in trial preparation and trial, as well as the actual time of the trial. The actual total will likely be more. As indicated, some of these additional appropriations will not need to be made until mid September. However, I thought you should be aware of this now so that you will have ample time to make the difficult decision as to the source of the necessary funds. If the appropriations are made and not all funds are used, I will submit a request for you to amend the court' budget to reduce it by the amount of additional appropriated funds not spent.

I will notify you of any other financial requirements for this or any other case that should come before the court when I become aware of them. As always, if you have any questions about this or any other matter concerning this court, please contact me.

Sincerely,

Rocky A. Coss, Judge