Fornshell said the house arrest restriction is necessary to assure Richardson’s appearance in court and for public safety, noting she is accused of aggravated murder.
Richardson is charged with aggravated murder, involuntary manslaughter, gross abuse of a corpse, tampering with evidence and child endangering in death of her infant daughter.
“Defendant waited until the 11th hour before her scheduled jury trial to file a motion … regarding this doctor-patient privilege issue. Now the trial is postponed indefinitely while both sides are waiting on a ruling from the 12 District Court of Appeals,” Fornshell wrote in his response.
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“Defendant should not now be rewarded for filing her motion so close to the trial date by having her house arrest restrictions lifted while the case is pending appeal,” he said.
Warren County Common Pleas Judge Donald Oda II has not yet issued a ruling on the defense’s motion to lift house arrest.
INITIAL REPORT, April 16:
Brooke Skylar Richardson’s trial was scheduled to begin today in Warren County Common Pleas Court, but was cancelled last week as the 12th District Court of Appeals considers a ruling about medical records.
It could take months for that decision from the appellate court, and Richardson’s attorneys say their client should be free during that time of constraints placed on her by Judge Donald Oda II.
Oda set bond at $50,000 with a 10 percent rule, meaning Richardson could post $5,000 bond at arraignment in July. But the judge ordered she wear an ankle monitor and be placed on house arrest.
The defense team, in a motion filed Monday, said, “Skylar Richardson was given a $50,000 bond at arraignment with the restriction of house arrest. Eight months have transpired since she was placed on house arrest and it is counsel’s understanding that here have been no incidents or infractions. Skylar just turned 19 in March and resides with her parents where she will continue to reside until conclusion of the case.”
Warren County Prosecutor David Fornshell said the state will object to the defense’s motion.
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Oda has not yet ruled on the motion.
Richardson is charged with aggravated murder, involuntary manslaughter, gross abuse of a corpse, tampering with evidence and child endangering, for the May 2017 death of her infant daughter whom defense attorneys say she named Annabelle.
Last week, Oda issued a split decision concerning medical records for Richardson, and both the the state and the defense appealed that ruling directly to the 12th District court.
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