The three men are charged in connection to the death of Dayton Police Detective Jorge Del Rio. The three are accused of participating in a drug conspiracy that led to Del Rio’s shooting death in a raid in November 2019. The hearing Tuesday was heard remotely due to precautions surrounding the coronavirus.
The motions covered during the hearing included one request by Goddard’s attorney for a time extension to present mitigating factors to prosecutors for why prosecutors should not seek the death penalty in the case. Prosecutors have already said they will not seek the death penalty against Cortner nor Combs, but they haven’t made a decision against Goddard.
Attorneys for Cortner and Combs have said that Goddard has taken responsibility for the deadly shooting and that their clients are innocent.
Attorneys for Goddard are asking the court to extend their deadline from Tuesday to May 1 because of the impacts of coronavirus and the ability for the lawyers to meet with and discuss the case with those involved.
“We are asking family members to discuss some very difficult, very traumatic events, and as the court I’m sure can expect, that it’s difficult to do over the phone, that it’s difficult to do over a Zoom meeting, it’s difficult to do over the computer,” attorney Donald Malarcik said.
Malarcik also said a mental health expert needs to have access to Goddard to perform key tests on him to properly evaluate him.
Prosecutors during the hearing said they would not object to the extension. An entry filed later in the day said the judge did grant the time extension.
Also, attorney Dennis Lieberman argued two motions that he filed in the case on behalf of his client, Cortner. Lieberman has asked that his client be tried separately from the other two defendants and that Cortner be allowed out of jail pending trial.
Prosecutors Dominick Gerace II and Erin Claypoole argued against those motions. Claypoole said even though Cortner no longer faces the death penalty, he is still charged with serious crimes that could land him in prison for years. She asked the judge to keep Cortner locked up pending trial.
And Gerace argued that the three men should be tried at the same time as co-defendants.
“These charges are all interconnected,” he said. “I think it’s fair to say your honor that a set of charges couldn’t be more interconnected than the case here. This literally is a circumstance that happened over one day.”
Newman didn’t make decisions on the Cortner motions Tuesday. Rulings are likely to come at a later date.
Del Rio was part of a federal drug task force that raided a home. He was shot as officers went into the basement.
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