PUBLIC SAFETY

Richmond Hill trials will be held outside Marion County

Kristine Guerra
kristine.guerra@indystar.com

Prosecutors in the Richmond Hill explosion case have agreed with the defense that trials for the two remaining suspects should be held outside of Marion County.

The decision comes about two years after Mark Leonard, Monserrate Shirley and Bob Leonard were arrested and charged in a deadly explosion that killed two people and damaged more than 80 homes in the Richmond Hill subdivision. Last summer, Marion Superior Court Judge Sheila Carlisle ordered Mark Leonard's trial to be moved to St. Joseph County, after prosecutors conceded that they're not likely to find an impartial jury in Marion County.

Prosecutors say the same will be the case with Shirley and Bob Leonard. Marion County Deputy Prosecutor Denise Robinson said during a hearing on Shirley's case Thursday morning that they can't argue against changing Shirley's trial venue after they've already accepted the same request for Mark Leonard.

A change of venue for a case with a lot of pretrial publicity is often sought by the defense to try to ensure a fair and impartial jury.

Mark Leonard's trial is scheduled for June 2015 in South Bend, about 150 miles north of Indianapolis.

Carlisle on Thursday granted Shirley's change-of-venue request. Prosecutors have proposed a January 2016 trial date for her.

Shirley's attorney, Jim Voyles, said during the hearing on Thursday that he'd like for his client's trial to be held after Mark Leonard's has concluded, adding that they need enough time to see how media coverage of that trial might affect their case. Attorneys from both sides will have to submit a list of proposed counties to Carlisle by January.

In Bob Leonard's case, Carlisle has yet to issue a decision on his change-of-venue request. Prosecutors and defense attorneys have agreed on a June 2016 trial date, according to court documents filed earlier this week.

Shirley, her former boyfriend Mark Leonard and his half-brother, Bob Leonard, face trials on murder and 46 counts of arson and conspiracy to commit arson, after her home in the Southeastside subdivision exploded on Nov. 10, 2012.

Shirley's next-door neighbors, John "Dion" and Jennifer Longworth, were killed in the blast.

Prosecutors plan to present insurance fraud as the motive for the explosion. Prosecutors will argue that the suspects were desperate for money because of mounting gambling and credit card debt and the possible foreclosure of Shirley's heavily mortgaged home.

Carlisle ruled in the fall of 2013 that the trials will be held separately. Robinson, the lead prosecutor, later asked the judge to consider holding one trial with three different juries — a rare request that would allow prosecutors to present evidence once, instead of three times. More than 250 witnesses are expected to testify and thousands of exhibits will be presented at the individual trials, each of which is expected to last six weeks.

Defense attorneys have rejected that approach and have asked that their cases be held individually elsewhere.

The unlikelihood of finding an impartial jury in Marion County became apparent last summer, after attorneys spent more than two days grilling jurors on what they knew about the Richmond Hill explosion. Nearly a third of the test jurors said they have heard of the blast and have formed opinions about the three suspects.

Star reporter Tim Evans contributed to this story.

Contact Star reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter:@kristine_guerra.