April 8, 2004

 

Prosecutors seek extension on Rittenhouse murder case

The Greene County prosecutor’s office has asked for an extension of the deadline to seek an indictment against Michael Rittenhouse, who has been charged with aggravated murder in the death of Timothy Lopez.

On Monday, Suzanne Schmidt, the first assistant prosecutor, requested the additional time, which by Tuesday had not yet been approved by a Greene County Common Pleas Court judge. However, Schmidt said that she expects approval because Rittenhouse’s attorneys and Rittenhouse have agreed to the extension.

If approved, the deadline for a grand jury hearing for Rittenhouse would be extended to June 16 from April 20.

The prosecution is seeking the extension because forensic tests on some pieces of evidence have not yet returned from the Miami Valley Crime Laboratory, according to Schmidt, who declined to identify which evidence remains untested. Schmidt said the delay has been caused by the large number of cases the crime lab handles.

On Feb. 20 Rittenhouse was arraigned in the Xenia Municipal Court and charged with aggravated murder, aggravated robbery, gross abuse of a corpse and tampering with evidence. Earlier that day the remains of Lopez, who had been missing for two years, were found in the backyard of the Allen Street home Rittenhouse shares with his mother and brother. Rittenhouse and Lopez were classmates at Yellow Springs High School.

According to Schmidt, the investigation into the case continues.

“This is an extremely serious case,” she said. “We’re not ruling anything in or out. We’re looking at all leads that come in.”

Prosecutors have not ruled out that others may have been involved in the crime, said Schmidt, who encouraged anyone with information to contact the Greene County prosecutor’s office at 937-562-5250.

The Rittenhouse case is “unique” in the way the prosecution and the defense are working cooperatively, Jon Paul Rion, one of Rittenhouse’s attorneys, said on Tuesday.

“Everyone is looking at both sides. It’s the way the system should be,” said Rion, who noted that most often in a court case of this kind, “the sides take positions and the battle starts.”

The agreement on the grand jury extension is an example of that cooperation, Rion said. “Both sides felt it would be wise and prudent to hold off” until the investigation is completed,” he said.

Rittenhouse also agreed to the extension, and will remain in jail without bond, Schmidt said. The prosecutors are seeking the death penalty in the case, since they believe the alleged murder took place during an aggravated robbery, which is a “death-penalty qualifying case,” Schmidt said.

Rittenhouse has been “very cooperative, very forthcoming and helpful,” Rion said. “He understands how the process works and is anxiously but patiently awaiting” the next steps, the attorney said.