Public Defender Says Stabbing Case Under-Investigated, Dragging On

Monday, November 12, 2012

Assistant Public Defender Erin O'Leary told Criminal Court Judge Don Poole on Monday that a serious stabbing case has been under-investigated and the prosecution was dragging it on in the courts for months.

She asked that Elecia Banks be placed on house arrest, noting that she has already served over a year in jail on the charge.

Ms. O'Leary said the state had lost track of the victim in the case "and I had to give them the phone number."

Judge Poole declined to free Ms. Banks, who Ms. O'Leary admitted has mental problems. He said he expected some action to be taken on the Jan. 22 trial date.

Patrol Officer Thomas Seiter said he handled the case himself and did not call in a major crimes detective or crime scene investigators. He said he did not at first notice that the victim, Eric Robinson, had been stabbed seven times.

The officer said he looked at the stabbing scene and in the other side of the duplex where Ms. Banks' mother lived, but did not find the knife. There were no recorded interviews or photos.

He said he found Ms. Banks sitting on a couch drinking a 40-ounce beer. Blood was on her jacket.

The patrol officer said he wrote up the report of the case himself. He said he had not obtained any medical evidence about the condition of the victim.

The officer charged Ms. Banks with aggravated assault and especially aggravated burglary. The grand jury heard the case and added a charge of attempted first-degree murder.

Judge Poole noted that raised the stakes for the defendant from facing a possible 3-15 years to facing a possible 15-25 years. 

The mother of Ms. Banks said she heard the pair arguing, but did not witness the stabbing. She said Robinson was known in the neighborhood as "the weed man." She said he taunted her daughter, claiming he had sex with her 13-year-old daughter.

Robinson recovered from his stab wounds, but now he has other health problems, causing him often to miss court dates, prosecutor Jason Demastus said. He acknowledged he had gotten the phone number for Robinson's son from Ms. O'Leary. He called it "a difficult case."

Ms. O'Leary said, "The fact that there was very, very little investigation of this case was quite a surprise to me."

She said Ms. Banks has a number of mental diagnoses, including bi-polar, but she said she is "wonderful, sweet and kind" when she is on her meds.

Ms. Banks was charged with reckless homicide after one of her children drowned in 2003. She pleaded guilty and got a house arrest sentence.

Judge Poole lowered the bond in the stabbing case from $50,000 to $40,000.

 

 

  

  

 


Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: ANGLE, NIKIA MARIE 3125 BENNETT RD EAST RIDGE, 37421 23 Hamilton County THEFT OF PROPERTY ASHLEY, LAURA ANN 480 CEDAR STREET APT 11 DUNLAP, 37327 36 Red Bank POSSESSION OF DRUG PARAPHERNALIA BROGDON, KEVIN LEON 1504 JOHN ROSS ROAD EAST RIDGE, 37412 24 East Ridge FILING FALSE ... (click for more)

Fort Oglethorpe Arrest Report For Oct. 17-23

Here is the Fort Oglethorpe arrest report for Oct. 17-23: Jorge Zambrano Gonzalez, 37, of 1216 Helena Drive #8, Hixson was arrested October 16 on charges of driving while unlicensed and crossing median. Pedro Sepulveda, 42, of 854 Davis Street, Apt. E3, Gainsville, GA was arrested October 16 on charges of driving while license suspended and crossing median. Jonathan ... (click for more)

Not Everything Has Been Done To Save Hutcheson

I am a resident of Walker County and I have a personal belief that a hospital ranks equal to other basic services a community should offer (like police, fire, emergency services, school systems, government, etc.). I am not privy to all the management and financial conundrums concerning the feasibility of maintaining and growing Hutcheson, and as a private citizen I don’t believe ... (click for more)

Roy Exum: A Veterinarian’s Horse Sense

I suspect you’ve heard by now that a doctor in New York City, who volunteers with “Doctors Without Borders,” just got back from the African nation of Guinea on October 17 – last Friday – and on Thursday tested positive for the deadly Ebola virus. Luckily, he came in actual contact with only a few people but he reportedly rode a subway, took a taxi, went on a three-mile run and ... (click for more)

Freeman-Led Owls Whip Cleveland, 30-14, To Win 5-AAA Title

Rashun Freeman was on a mission Friday night. Freeman, a junior brimming with versatility, caught a touchdown pass, returned a punt for a second score and had one of three Ooltewah interceptions as the fourth-ranked Owls whipped Cleveland, 30-14, to win the District 5-AAA championship in front of a near-capacity crowd at James N. Monroe Stadium. “I practice hard and that ... (click for more)

Baylor Beats Father Ryan For D-II State Volleyball Title

MURFREESBORO, Tenn. – Friday was a magical day for the Baylor Lady Red Raider volleyball team. Facing arch-rival Father Ryan for the fourth time this season, Baylor evened the score at 2-2, but the last time at Siegel High School was the sweetest as it came in the championship match of the D-II Class AA state tournament. Father Ryan had a huge group of students in its ... (click for more)