Prosecutors oppose separate trials for Montco jail guards
NORRISTOWN » Prosecutors are challenging the requests for separate trials made by two of the six Montgomery County correctional officers accused of taking part in the Valentine’s Day beatings of two inmates.
“Most of the witnesses that will be called will offer evidence that will implicate all the defendants, either for their participation in the assaults against the two inmates or in the cover up after the assaults,” county First Assistant District Attorney Edward F. McCann Jr. wrote in court papers filed Friday, asking a judge to deny the separate trial requests of former county jail guards Anthony Saxby and Randall Sims.
“All of the defendants either directly participated or acted as co-conspirators or accomplices in the assaults. After the assaults, each of the defendants took part in the cover up of their wrongdoing,” McCann added.
Additionally, McCann revealed, prosecutors will call more than 10 witnesses at the trial.
“Having these witnesses repeat their stories multiple times – especially when neither defendant alleges a real potential for prejudice – is not a wise use of judicial resources,” McCann argued.
Saxby and Sims “will be unable to show any prejudice to justify separate trials,” McCann maintained.
Last month, Saxby, 31, of Upper Gwynedd, and Sims, 40, of Norristown, filed court papers claiming they “will be prejudiced” if they stand trial with their onetime colleagues who are also facing assault-related charges.
“Mr. Saxby is not involved in two of the three incidents that are the subject matter of this litigation. In those two incidents, Mr. Saxby’s co-defendants allegedly beat two prisoners housed at the Montgomery County Correctional Facility, where all defendants worked,” Saxby’s defense lawyer Alfred J. Merlie wrote in court papers. “Should he be tried with his co-defendants, it will be virtually impossible for the jury to judge him fairly in light of the alleged actions of the co-defendants.”
Defense lawyer Nino V. Tinari filed a similar request on behalf of Sims.
“The evidence may tend to convict Randall Sims merely because the jury would be incapable of separating the evidence or could not avoid cumulating the evidence,” Tinari wrote in court papers.
McCann responded that Sims “cites to no specific prejudicial evidence that would justify a severance.”
Addressing Saxby’s request, McCann alleged Saxby “is on videotape directly participating in beating and kicking” inmate Derrick Houlihan. Furthermore, McCann argued, a district judge found sufficient evidence that Saxby “acted as an accomplice in the assault” of inmate Matthew Ruffings.
“There was also abundant evidence presented at the preliminary hearing that Saxby was involved in the attempted cover up of the assaults. There is simply no basis to assert that Saxby will suffer prejudice in a joint trial,” McCann wrote.
Judge William R. Carpenter is expected to hold a hearing on the requests in the next several weeks. All six men charged in connection with the incidents face pretrial hearings on Sept. 25.
McCann and co-prosecutor Kelly Lloyd have filed court papers to join all the cases at a single trial.
The six former correctional officers each face charges of aggravated and simple assault, conspiracy to commit aggravated assault, recklessly endangering another person, hindering apprehension or prosecution, official oppression, and obstructing administration of law.
The other four charged include: Darrin Collins, 52, a former lieutenant at the jail, of Phoenixville, Chester County; Alfred Gregory Jr., 32, of East Coventry, Chester County; Jason Marshall, 40, of Zionsville, Lehigh County; and Edwin Negron, 53, a former captain at the jail, of Exton, Chester County.
If convicted of all the charges at trial, each of the men faces a possible maximum sentence of 35 to 70 years in prison. Each of the men remains free on $50,000 unsecured bail while awaiting trial.
All six correctional officers were placed on administrative leave immediately after the alleged incidents
were reported and subsequently were fired following the jail’s internal investigation.
A grand jury investigation revealed that on Feb. 14 the six correctional officers were involved with assaulting inmates Houlihan, 42, of Philadelphia, who wears a prosthetic left leg, and Ruffings, 18, of Norristown, in two high security areas of the jail.
Prosecutors alleged Houlihan was initially assaulted in his cell, taken for medical treatment, and then assaulted again in a day room area or community area of the K-6 section of the prison. Video surveillance shows that Houlihan did not fight back.
According to court documents, Houlihan was not wearing his prosthetic leg at the time of the alleged second beating.
Court papers indicate Houlihan suffered a laceration over his eye during the first alleged assault.
Houlihan suffered two broken ribs as well as cuts and abrasions to his arms and his leg during the second alleged assault.
Court papers indicate correctional officers may not have been aware that a new camera had been installed in the K-6 section and that it had been actively recording at the time of the assault of Houlihan. Although three correctional officers wore body cameras during parts of the alleged incidents, no footage was turned over to jail officials, court papers indicate.
Later that morning, Ruffings was assaulted in his cell with punches to his face by several officers. Additionally, three officers who were wearing body cameras during the incident did not activate them or took actions to destroy the video that was captured, prosecutors alleged.
Ruffings suffered a broken nose and bruising to his face as a result of the alleged beating, the grand jury presentment indicated.