DA may have to start over in OTC murder case
By Will Davis
Ryan Chapman, one of six OTC counselors charged in the death of a 14-year-old camper, sits with his attorney durng Friday's hearing. (Staff photo/Will Davis)
Technical errors on murder indictments against six former White County Outdoor Therapeutic Camp (OTC) counselors may get the charges thrown out, forcing prosecutors to start over.
Superior Court Judge Hugh Stone heard arguments Friday from defense attorneys claiming the errors should compel him to quash the indictments. If Stone throws out the indictments, it would force District Attorney Stan Gunter to seek new indictments from another grand jury. Stone said he would rule soon.
Defense attorneys claimed the indictments contained two errors. One, the indictments listed all 23 grand jurors when only 17 heard evidence and voted to indict. Secondly, the assistant foreman signed the indictments as the foreman because the foreman was out of town.
A White County grand jury handed down the indictments in July for an April 20, 2005 incident that led to the death of 14-year-old camper Travis Jackson. The six defendants, who worked as counselors at the state's Appalachian Wilderness Camp near Helen for juvenile delinquents, were Johnny Harris, 26, of Helen, Phillip Elliot, 35, of Chattanooga, Tenn., and Paul Michael Binford, 28, Ryan Chapman, 29, Matthew John Desing, 26, and Torbin Vining, 27, all of Athens.
The men allegedly restrained Parker using a tactic called a ?full basket,? pinning him to the ground for more than an hour after a behavior outburst. Counselors said he wouldn't stop fighting their efforts. The medical examiner ruled that Parker died from positional asphyxia and deemed it a homicide. The six men are charged with felony murder, cruelty to children and involuntary manslaughter. Five were fired and one, Harris, resigned. The state Department of Human Resources said they were fired for withholding the boy's asthma inhaler and a regular meal.
But the facts in the case weren't at issue in Friday's hearing in the White County courthouse, only the names of grand jurors on the indictments. Defense attorneys called two members of the grand jury for testimony.
Jury foreman Rodney Snapp testified he was excused from the OTC case because he had already planned to be in Florida during the deliberations.
?I was celebrating my 25th wedding anniversary,? said Snapp. ?Because I wanted to have a 26th anniversary.?
Defense attorneys also called assistant foreman Aubrey McIntyre. Attorney Doug McDonald questioned McIntyre for 25 minutes about which of the 23 grand jurors took part in the deliberations. McIntyre noted that several jurors were excused due to health problems or conflicts. McDonald noted that McIntyre didn't bring with him his personal notes on the deliberations that the state had subpoenaed. McIntyre, after the first 20 minutes of such questioning, shot back that he only got his subpoena on Thursday.
?Kerry (assistant district attorney Banister) came by my shop yesterday and I asked her why we had to come back and she didn't tell, and I still don't really know,? said McIntyre, adding later, ?I didn't think a vote (to indict) already registered with the clerk mattered.?
McDonald got McIntyre to concede the indictment is inaccurate because he signed it as foreman when he was only the acting foreman. McDonald also noted that McIntyre didn't take the oath of the foreman.
?I just don't think the law could be any clearer,? said defense attorney Dan Summer of Gainesville in his closing statement. ?The indictments must be perfect.? Summer conceded the issue doesn't reflect on the merits of the case, but said it's very important for government to constrain itself to proper form, or else it becomes tyranny.
If Judge Stone quashes the indictments, a new grand jury set to be seated Jan. 27 may be asked to re-indict the case, said prosecutors. Dozens of family members and friends of the six defendants were on hand Friday, but no family members of the victim were present.
Last Updated: Thursday, January 12, 2006
