Thursday, October 29, 2009
 
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Harris brothers plead 'not guilty'

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(Originally posted Wednesday afternoon)

[October 29, 2009]  Both Christopher Harris and his brother Jason Harris appeared in Logan County Circuit Court on Wednesday. The brothers appeared separately to face charges in the slayings of Rick and Ruth Gee, three of their children, and the attempted murder of their 3-year-old daughter, Tabitha Gee, on or about Sept. 21.

Christopher Harris was arrested and charged by authorities on Oct. 1. Jason was arrested and charged on Oct. 7.

Christopher Harris appeared before Judge Thomas M. Harris (no relation) at 1:35 p.m., with Jason appearing at 2:10 p.m.. Both brothers were advised by Judge Harris that a grand jury had returned a bill of indictment against both of them in the slayings.

Each of the brothers, through their attorneys, waived a reading of the charges. Both pleaded "not guilty" to all charges.

The judge advised the brothers that they are facing 68-count indictments that include counts of first- degree murder of five Gee family members as well as attempted murder against the Gee family infant, with Jason having an additional three counts added for obstruction of justice.

In the cases of both brothers, 57 of the counts pertain to the murder of a specific Gee family member, with the other counts including charges of home invasion, armed robbery, residential burglary; and attempted forcible felony, criminal sexual assault.

In counts 60 and 62 of the bill, a tire iron was mentioned as a weapon used against the family.

On the burglary charge, count 62 states that a laptop was taken from the premises.

Five counts, one listing for each family member who was killed, include the charge of "attempting to commit forcible felony, criminal sexual assault."

The three additional charges of obstruction of justice against Jason Harris allege that he hid the laptop from authorities, lied to state investigators and burned the clothing of Christopher Harris.

During the hearing, Logan County Judge Thomas Harris laid out the potential sentences, which range from three to six years on the lesser charges to 20 to 60 years in prison on some of the murder counts. The judge advised that if convicted on two or more of the murder charges, either or both brothers could face life sentences.

In regard to counts 41, 42 and 43, the bill stated that if either or both brothers were convicted of any of those counts, a life sentence would be imposed. The judge also advised both brothers that if the state so asks, and the court finds the request warranted, both could be facing the death penalty.

Christopher Harris was represented by public defender Patrick Timoney. Timoney filed with the court that Christopher by a statement of assets and liabilities was "indigent." The judge agreed and allowed Timoney to act as public defender for Chris Harris at trial.

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Timoney also filed a request that Capital Litigation Trial Bar lawyers James E. Elmore and Matthew Maurer be included as Chris Harris' counsel. The judge allowed the addition of counsel.

Christopher Harris' case was placed on the calendar for a final pre-trial hearing on Dec. 3 at 10 a.m.

Jason Harris, represented by Bloomington attorney Steve Skelton, who is a member of the Capital Litigation Trial Bar, did not seek additional counsel. His statement of assets and liabilities was also found by the judge to warrant a public defender. Jason Harris' next court appearance was set for a final pre-trial hearing on Dec. 3 at 11 a.m.

Judge Harris stated in both hearings that he has children attending Chester-East Lincoln School but that his children had minimal, if any, contact with the Gee children, who also attended C-EL. The judge also said that he is a member of the C-EL school board but that he did not know the family and wanted it made clear from the onset that he could conduct the trials in a fair and unbiased manner.

On the record, neither defense team nor the prosecution expressed any reservations about Judge Harris handling the case.

The judge further instructed all counsel to abstain from offering any pre-trial publicity in the case.

In a related matter, Jennifer Earnest, Jason Harris' girlfriend, who was arrested for obstruction of justice in the case, will appear before Judge Harris on Thursday at 10 a.m. Earnest is represented by Lincoln attorney Jim Grimaldi, who was appointed by the court.

[LDN staff]

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