Accused I-75 shooter wants trial moved, attorneys fired

Credit: DaytonDailyNews

Nearly two years after accused Interstate 75 shooter Terry Froman allegedly killed his ex-girlfriend and her son, the Illinois man’s death penalty trial is scheduled for next month in Warren County.

But Froman wants to fire his attorneys and move his trial to Hamilton County, because he argues Warren County is “racially imbalanced” and he can not receive a fair trial.

Froman, 42, of Illinois, is accused of fatally shooting his 34-year-old ex-girlfriend, Kim Thomas, in the back of his SUV on the interstate near Middletown, and her 17-year-old son in Kentucky on the same day. Froman has been held in the Warren County Jail without bond since the incident shut down the interstate on Sept. 12, 2014. His three-week long trail is scheduled to begin Aug. 15.

Froman faces aggravated murder and kidnapping charges in both states.

During a pre-trial hearing Wednesday, Judge Joseph Kirby indicated he believed Froman’s request was a delay tactic, but stopped short of denying it. Kirby said he will issue a written opinion in a few days. The judge has denied Froman’s request for change of venue, pending questions of potential jurors during selection.

“An issue that comes to the forefront is an issue you have fixated on repeatedly, it has to do with control,” Kirby said to Froman. “Your issues with your attorneys stem from that you are not in control of this case and short of it is you should not be in control of this case.”

Kirby said the law in a death penalty case is complicated and noted Cook is one of “finest death penalty certified attorneys in this part of the state.” The judge reminded Froman that two previous continuations have been granted in the case and the latest request leaves him to believe Froman wants to delay it further.

In a hand-written motion filed by Froman on July 12, he stated, “Where as the offense may of took place or not, going threw Hamilton County, where as being stopped in Warren County, I would like to be transferred and tried in Hamilton County where it is not so racially bias. Here in Warren County, it’s 190,000 whites to 7,000 blacks and in Hamilton County, it is 68 percent whites to 26 percent blacks and 6 others.”

The same day, Froman filed a motion to fire his court-appointed defense attorneys Melynda Cook and Scott Rubenstein stating they are trying to “railroad” him.

In the motion, Froman again brings up change of venue for his trial.

“They (defense attorneys) should have tried, which the never did, to get a change of venue when I met with them in the beginning,” Froman said in the hand-written motion.

Cook, an attorney experienced in capital murder cases, has also filed a motion for consideration by Kirby requesting to withdraw from the case along with Rubenstein.

“The defendant faces death and the State of Ohio seeks to have it imposed on him. The defendant is entitled to a fair trial, due process and right counsel. Defendant has stated that he does not trust counsel, they are working against him, they are working to railroad him. Despite the efforts to the contrary …. counsel have been unable to remedy this position of the defendant. It is counsel’s belief that there is a complete breakdown in communication and that at this point in time effective representation cannot occur,” Cook wrote in the motion.

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