Marshall case to proceed

Published 12:00 am Saturday, June 3, 2006

One of Lawrence County’s two death penalty cases will enter the sentencing phase this week while the second capital murder trial will likely be delayed.

Roger Marshall, who was convicted of 11 counts of arson and three counts of aggravated murder in February, will be in Lawrence County Common Pleas Court Wednesday. The jury will hear testimony and then decide whether Marshall should be sentenced to death for those crimes, or receive a lesser sentence. Both Charles Knight, co-counsel for Marshall and Lawrence County Prosecutor J.B. Collier, Jr. have said they anticipate the testimony will take a day or less.

Marshall is accused of setting a fire at the Lyle Motel in Ironton is August 2004, killing his ex-girlfriend, Lolaetta Corbin Hicks and her boyfriend, John Meyer as well as a third man, James Reed. Several people who were living in the motel at the time of the fire escaped unharmed.

Email newsletter signup

Meanwhile, Knight, who is also co-counsel for John David Anderson, said he filed a suggestion of competency in the Anderson case two weeks ago.

Anderson, 19, of Carter County, Ky., is accused of robbing and killing an elderly Deering resident, Arthur Boyer and then setting the man’s house on fire in July 2005.

“The issue here is whether Mr. Anderson is competent to stand trial, to participate in his own defense,” Knight said.

With this, mental evaluations would likely be ordered by both sides to determine if in fact Anderson is competent to stand trial. Jury selection in the Anderson trial is scheduled to begin April 10. Such evaluation would likely push the trial date back by weeks or even months.

Collier said he is not surprised that Anderson and his attorneys have chosen this route.

“Our case is overwhelming,” he said. “We have a confession and physical evidence to corroborate his involvement. In order to give their client a chance they’re going to look at that (competency).”