Lawyer: Ohio kidnap suspect will plead not guilty

Defense team questions if a fair trial is possible.
Associated Press
May 16, 2013

The man accused of keeping three women in captivity for about a decade will plead not guilty but it's uncertain if he can receive a fair trial anywhere, a member of his defense team said Wednesday.

Craig Weintraub, a former prosecutor representing Ariel Castro, 52, on rape and kidnapping charges, said in an interview that the location of a trial is "always an issue when you have a case that has such fantastic notoriety."

Castro's defense team, including Weintraub colleague Jaye Schlachet, must decide at some point whether to ask to have any trial moved out of Cleveland, Weintraub said.

"Then that begs the question: 'Well, where can he get a fair trial based on the circumstances?' This is such a sensationalistic type case which has received international coverage."

Castro, a former school bus driver, was arrested May 6 shortly after Amanda Berry kicked out part of a locked door of his house and yelled to neighbors to help her and call police.

Police quickly arrived and found Berry in the street holding a baby and then raced through the house, freeing Gina DeJesus and Michelle Knight. The women were admitted to a hospital but have been released and have remained in seclusion appealing for privacy.

The three disappeared between 2002 and 2004, when they were in their teens or early 20s, authorities said.

Castro has been jailed on $8 million bond.

Weintraub, interviewed in his law office in a skyscraper overlooking the county jail and courts building, said Castro is despondent in his bare-bones cell — but Weintraub thinks people believe he's got it too good under the circumstances.

"His day consists of remaining 24 hours a day in a room that is probably 9 (feet) by 9 that contains a metal bed, a very thin mattress that is covered in plastic. It has a metal sink and what appears to be some sort of a mirror," Weintraub said.

He declined to comment on a jail suicide watch for Castro or jail guard reports that Castro has been sitting in his cell naked. Weintraub said he would have been alerted if going naked reflected a medical issue.

Castro has made it clear that he loves his 6-year-old daughter born to Berry, Weintraub said.

"I know that that seems to be irrational from the public perception standpoint, but he does indeed love her and is concerned about her future," Weintraub said.

He said the issue of custody hadn't been mentioned in discussions with Castro.

The girl was born Christmas Day 2006, delivered by Knight in a kiddie pool so the cleanup would be easy, police say. Knight told police she was ordered by Castro under threat of death to deliver the baby live.

Weintraub said the defense hadn't researched issues raised last week when Cuyahoga County Prosecutor Tim McGinty said Castro could face aggravated murder charges, and a possible death sentence, related to allegations that he impregnated Knight and forced her to miscarry at least five times by starving her and punching her in the stomach repeatedly.

Weintraub said only that "everybody is entitled to their own opinion" when asked about Castro's two brothers — arrested but quickly cleared of any involvement — calling him a "monster."

Amid reports of threats against the defense team and arson threats against Castro's house, Weintraub appealed for understanding that every criminal defendant is guaranteed an effective defense.

"It's an unfortunate fact today that there are people that will align themselves with the mob mentality and we are — criminal defense attorneys are unique people," he said.

"We're in a position where we represent those that may be considered the most evil people in society. But the Constitution permits that and requires it. Otherwise it would be execution at the time of an allegation."

 

Comments

BlueAngel

NOT GUILTY?? YOU HAVE GOT TO BE KIDDING ME... how can he plead that? and how can his lawyer have him plead that??? he is GUILTY... geesh.. what is this lawyer thinking... fair trial? why should he get one? he held captive, raped and fathered child, some he killed? OMG!!

richrs

It is standard procedure to plead NG at initial hearings. Figure someplace down the road his attorney will bring up the diminished capacity ploy. It is best that this lawyer does everything he can for this p o s. It removes the chance for any form of appeal down the road.

luvblues2

Good point, but where does the lawyer reckon a "fair" trial can be held?

2cents's picture
2cents

"His day consists of remaining 24 hours a day in a room that is probably 9 (feet) by 9 that contains a metal bed, a very thin mattress that is covered in plastic. It has a metal sink and what appears to be some sort of a mirror," Weintraub said."

AND HIS CAPTIVES???????
WTF

luvblues2

I don't understand what would constitute an unfair trial given the circumstances that have already been proven. What does Weintraub want? Somebody that has lived on Mars for the past 20 years?

Kimo

Taxpayers are paying for this circus......

2cents's picture
2cents

I heard he was on suicide watch? Can I watch him do it please?

Darwin's choice

Smith and Wesson have the cure for this moron.....someone just needs to apply it...

ladydye_5

If he threatened the girl to deliver the baby alive, why did he beat and induce miscarriage 5 other times? Other than his attorney WHO feels bad he is secluded in his cell with nothing? I say chain him to the wall in the basement of the jail. I am sure he will claim insanity, he will claim mental illness (sex addiction), and all kinds of other BU!!HOCKEY. He knew right from wrong, he knew what he was doing, he know what would happen if he was caught.....FRY HIS BUTT!

luvblues2

He will sit years in a cell and do nothing. He will be fed, be clean and his health care will be free. Complaining about it now, does nothing. The ONLY thing he doesn't get now, is sex with a woman. Other than that, his prison is the same as it's been for quite some time, IMHO. That f'r ain't right upstairs.

gene44870

when this guy is found guilty and he will be then they need to do like they did in the old west and take him out and either have a firing squad or let him hang in the town square .
Maybe justice will be served

ladydye_5

I agree...maybe if there was REAL punishments....crime rates and that of repeat crimes would be lower. I say bring back public hangings. 30 days after conviction, hung, and done.

luvblues2

I get it now. gene is a troll playing stupid as a sack of hammers. We're done, gene. Hook, line and sinker...;)