South waives right to jury trail in murder-for-hire plot
A Geauga County judge has found that some of the tactics investigating officers used in the Chad South murder case were “inappropriate and inexcusable,” but the practices were not so outrageous or egregious to deny him due process or a right to a fair trial.
South, 46, of Moraine, is one of five people charged in the May 26, 2006, murder-for-hire plot in Burton Township that resulted in the wrong Daniel Ott being killed.
South, along with 60-year-old Joseph Rosebrook, of Florida, and his 57-year-old brother, Carl “Jeff” Rosebrook, of East Liberty, was charged in a single five-count indictment filed June 10, 2015.
The five counts are conspiracy to commit aggravated murder, aggravated murder with prior calculation and design, aggravated murder during the commission of aggravated burglary, kidnapping of Ott and kidnapping of Ott’s then-girlfriend, Maryann Ricker.
On April 19, Geauga County Common Pleas Court Judge Forrest Burt denied a defense motion to dismiss the indictment against South because of alleged government misconduct.
Geauga County Public Defender R. Robert Umholtz had argued the state of Ohio, through the actions of investigating officers and prosecutors, engaged in a pattern of interfering with defense witnesses, witness intimidation, evidence obstruction and making false or misleading statements to the court.
Prosecutors had denied any factual basis to support dismissal of the indictment.
In denying South’s motion, however, Burt admonished the state.
“While the court is of the opinion that some of the actions of the state have been inappropriate and inexcusable, the court cannot say that the state’s conduct has been so outrageous or egregious that defendant Chad South has been denied due process or that he cannot have a fair trial,” Burt ruled in a four-page decision. “However, should such conduct continue, the court may have to revisit the issue.”
Burt also recognized that investigations of criminal activities often require investigating officers to deal with “terrible situations and unsavory persons.
“But, there is a rule book, the Constitution. Investigating officers must always be mindful of the due process and other constitutional rights of the persons being investigated, no matter how horrendous the crime,” he said.
In a second ruling April 19, Burt also denied a defense motion requesting that prosecutors and investigators be prohibited from contacting any defense alibi witnesses, including Jason Harvey, Chad Malay and Katherine Beeker South.
“It would seem that there would be little reason from additional interviews of Mr. Harvey or Katherine Beeker South, but the court will not prohibit additional interviews on the assumption that such interviews would occur only if new information has come to light,” Burt ruled in a two-page decision. “As for Chad Malay, it appears that his whereabouts are unknown at this time and there is no indication that his absence was a result of actions by the state. Should Mr. Malay resurface, both the state and the defense would be expected to interview him and advise opposing counsel of such interview.”
Earlier today, South waived his right to a jury trial. Burt will now preside over a bench trial scheduled to begin April 25.
South was returned to the Geauga County Safety Center as of April 18.
Prosecutors believe the elder Rosebrook, a man named Curt Frazier and a Daniel C. Ott were involved a chop-shop operation in southern Ohio and were under investigation by the Logan County Sheriff’s Office.
Frazier cut a deal with Logan County to save himself and agreed to testify against Rosebrook, who hired Daniel C. Ott to take care of Frazier. But Daniel C. Ott agreed to turn state’s evidence against Rosebrook, who was convicted in 2005 in Logan County in the attempted murder-for-hire plot to kill Frazier.
While serving a 10-year sentence at the London Correction Institution, Rosebrook put out the hit on Daniel C. Ott. South was an inmate at the same state prison until March 2006 and had also spent time with Rosebrook in the Logan County jail.
Carl Rosebrook was the alleged moneyman in the operation and was responsible for paying South the money.
Instead of killing Daniel C. Ott, who would have been nearly 70 years old in 2006, authorities allege South traveled with Stanifer and Jacobs to Burton Township and murdered 31-year-old Daniel Ott.
In December, a Geauga County grand jury indicted Mindie Mock Stanifer, 37, of Westmoreland, Tenn., with two counts of aggravated murder, two counts of kidnapping and one count of conspiracy to commit murder, and Alva Jacobs, 35, of Huntsville, Ala., with felony obstructing justice.
Prosecutors allege the two drove with South from the Dayton area to Burton Township on the day of the shooting.
