New date set in Garvin trial

Published 10:17 am Thursday, December 3, 2009

PORTSMOUTH — A new date has been set in the trial of a Scioto County woman accused of murdering three people in their Franklin Furnace home.

Jury selection is expected to begin Feb. 19 in the triple-homicide case of Kara Garvin. Garvin, 30, also of Franklin Furnace, is charged in the shooting deaths of husband and wife, Ed Mollett, 46, and Juanita Mollett, 43, and their daughter, Christina Mollett, 20.

The murders happened Dec. 22, 2008, at the Molletts’ trailer on Snook Road.

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Garvin faces 18 counts, including aggravated murder, aggravated burglary, aggravated robbery, theft of drugs and tampering of evidence from an indictment that specifies the death penalty.

On Nov. 13 Garvin’s attorneys, Charles Knight and William Eachus, argued before Scioto County Common Pleas Judge Howard H. Harcha III that the death penalty specification be removed from the case.

Eachus argued that the statute requires that each count in the indictment that is to carry the death penalty be listed with that count, instead of at the end, as it was in the Garvin document.

“This wasn’t done in a statutorial way,” Eachus told the judge.

The attorneys also argued that evidence of an eyewitness photo lineup be suppressed because of the way it was conducted.

The then 6-year-old grandson of the Molletts and the next-door neighbor James Damron identified Garvin from two separate photo lineups and may be called as prosecution witnesses.

Damron was questioned during the November hearing, but the grandson was not. However, in an entry made by Harcha on Monday, there will be a second hearing to allow the defense to question the boy.

So far there have been no rulings on either of these motions.

The trial was to have started in early November but was continued for the prosecution to get results of DNA testing from the Bureau of Criminal Identification and Investigation lab at London.