First Richmond Hill trial could be split, second gets moved

The Richmond Hill trials are shaping up to be costly, lengthy and complicated, with the first trial facing the possibility of being divided into two and the second also getting moved outside Marion County.

Mark Leonard, who prosecutors say is the ringleader of a group behind an arson scheme that led to a deadly home explosion, is asking the court to divide his trial into two parts. His public defender argued in court Friday that the jury must first look at scientific evidence before hearing testimonies that could trigger sympathy or outrage.

Also on Friday, Marion Superior Court Judge Sheila Carlisle granted an order to move the trial of Leonard's half-brother, Bob Leonard, to Fort Wayne in Allen County. He will be transferred to the custody of the Allen County sheriff as part of the order. Defense and prosecuting attorneys have agreed on a January 2016 trial date.

It's unclear if this will be the first time that Indianapolis officials will have to manage two out-of-county trials involving the same crime. Peg McLeish, spokeswoman for the Marion County prosecutor's office, knows it's a situation they have not faced in recent years.

"The real logistical challenge with these cases will be the volume of witnesses and exhibits, as well as the anticipated length of each trial," McLeish said.

Each trial, expected to last about six weeks, includes 2,000 exhibits and pieces of evidence and 250 witnesses.

The Leonards are charged with murder and more than 40 counts of arson and conspiracy to commit arson in the Nov. 10, 2012, home explosion in the Richmond Hill subdivision. Prosecutors allege the blast was a scheme to collect insurance money.

Jury selection for Mark Leonard's trial remains on track to start on June 4 after his attorneys withdrew their request to delay the trial. He is asking the court for a two-part trial, the first of which would focus on the arson aspect. The second would tackle who is responsible, as well as the deaths, injuries and damages.

His public defenders argue that prosecutors must first prove through scientific evidence and beyond a reasonable doubt that the blast that killed two people, injured 13 and damaged dozens of homes was intentional. Only then should prosecutors be allowed to present evidence proving Leonard's guilt, according to court documents filed in Marion Superior Court.

"The risk that the jurors will be swayed by sympathies due to the harm caused and (be) prejudiced against the accused because of character evidence as opposed to relying on objective reliable scientific evidence is particularly high in this case given the extensive media coverage, nature of the character evidence and the number of homeowners and/or injured testifying," Mark Leonard's defense attorneys argued in court documents.

Prosecutors plan to present graphic photos of John "Dion" and Jennifer Longworth, the couple who were killed in the explosion, as well as a recording of Dion Longworth's last minutes alive, court records say. Residents who were injured and whose homes were damaged or destroyed also will testify.

Leonard's public defenders argue that these pieces of evidence are meant to persuade jurors of Leonard's guilt but do not prove whether the explosion was intentional.

"Jury verdicts are to be based upon evaluation of scientifically reliable evidence not juror sympathies or outrage," they argued in court documents.

Diane Black of the Marion County public defender's office said in court that not separating Mark Leonard's trial would not give "the science the due weight that it should have." She added that there are "prejudicial elements that will cloud the jury's eyes on what the science is."

The prosecuting attorneys disagreed.

Marion County Deputy Prosecutor Mark Hollingsworth said that while he agrees prosecutors have to prove that the explosion was intentional, the law does not require them to do so through scientific evidence.

"Any case prosecuted can be based solely on circumstantial evidence," Hollingsworth said in court.

He said the state has both circumstantial and scientific evidence to prove that the blast was intentional, as well as testimony from Monserrate Shirley.

Shirley, Mark Leonard's then-girlfriend, owned the home that exploded. Shirley last month pleaded guilty to two felony arson conspiracy counts and agreed to testify against other suspects in the case.

A fourth suspect, Gary Thompson​, was charged with murder and arson last month after Shirley took the plea deal and agreed to cooperate with investigators.

St. Joseph Superior Court Judge John Marnocha, who traveled to Indianapolis on Friday to preside over the hearing, has not ruled on Mark Leonard's request for a two-part trial.

It's unclear how much litigating both cases will cost the city, though it's expected to be a costly process. The November 2013 trial of former Indianapolis Metropolitan Police Department officer David Bisard, which also was moved to Allen County, cost the Marion County prosecutor's office more than $70,000.

But even that total, officials said, did not cover salary costs for that staff, nor did it include costs to the Marion County or Allen County courts or to either sheriff's office.

Prosecutors are seeking a life sentence without parole on the Leonards. The pair are being held in the Marion County Jail.

Call Kristine Guerra at (317) 444-6209. Follow him on Twitter: @kristine_guerra.