ST. CLAIRSVILLE - The murder trial of Eugene Blake is set to begin in Belmont County on April 6.
Blake, 65, of Huntington, could face Ohio's death penalty if he is convicted of the March 19, 1982, murder of then-21-year-old Mark Withers.
Withers was shot to death and his 17-year-old female companion raped during the early morning hours while the two were parked at Gould Park in Bridgeport.
Blake has been held in the Belmont County Jail under $3 million bond since March.
Belmont County Common Pleas Judge Jennifer Sargus had set an initial trial date for May 12 but that was continued until Nov. 4 at the request of Blake's attorneys. Sargus granted a second continuance moving the trial to April after more defense motions.
Belmont County Prosecutor Christopher Berhalter said Blake's attorneys have filed 38 motions since the defendant was returned to Ohio from West Virginia in March to face the murder charges.
Blake already had been serving 15 years to life in the West Virginia state prison for the 1984 murder of 13-year-old Maryann Hope Helmbright in Wheeling. He is eligible for parole in 2011.
"It is not unusual to have this many motions in a capital murder trial," Berhalter said. "We are expecting more to be filed."
Among the most recent filings, assistant Ohio public defenders William J. Mooney and Claire R. Cahoon asked that Blake be permitted to order legal and religious books - at his own expense - so he can further educate himself on Ohio law and trial procedures. Sargus granted the request.
Berhalter said another significant motion is one in which prosecution and defense lawyers agree to a jointly proposed jury questionnaire comprised of 20 to 25 pages.
In a previous motion, Blake's attorney's asked for a change of venue because they do not believe he can receive a fair trial due to pretrial publicity by the media. Sargus declined to rule on the motion until after an attempt has been made to seat a jury.
The judge also denied a motion for closure of all pretrial hearings - an attempt to limit media access to the proceedings.
She did rule that Blake could appear in future hearings in civilian clothing and without restraints. And Sargus took under advisement a motion that attorneys not be permitted to use the terms "guilt phase" and "penalty phase" during court proceedings.
Berhalter is troubled but being patient about the delays.
"I can imagine how difficult it must be for the Withers family being made to wait," he said. "But we will get there."
Court proceedings in Blake's case are based upon 1982 Ohio law.
"Since the alleged murder occurred in 1982, we are applying the law of that time in any plea or sentencing matters," Berhalter said.
He said aggravated murder laws in 1982 called for the death penalty or life in prison with parole eligibility in 15 years.
According to Berhalter, conviction of aggravated murder with a death penalty specification today could lead to the death penalty, life without parole, life with eligibility for parole after 20, 25 or 30 years, respectively.
Meanwhile, Blake is presenting no problems to jail authorities in Belmont County.
"He's been an excellent prisoner," said Sheriff Fred Thompson. "He had done everything that a model prisoner is expected to do."
Blake also was convicted for the 1967 murder of Donna Jean Ball in Wayne County, W.Va.