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Details disputed prior to homicide trial
Staff writer
ttjohnso@observer-reporter.com
With jury selection set to begin Monday in the homicide trial of Mark Matthew Fisher, both sides were in Washington County Court Thursday arguing last-minute details.
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Dell Seneca.
Fisher, 23, of 2102 Hastings Crossing, Texarkana, Ark., is charged in the Jan. 29, 2003, death of 89-year-old Freda Dale. She died while bound and gagged with her husband, Shannon Dale, then 90, in their Venetia home in Peters Township. Shannon Dale died Feb. 7, 2008.
Initially, police filed a criminal complaint against Michael Marks after he was identified by Shannon Dale through a police composite as one of four men who entered the house claiming to be gas company employees. Those charges later were dropped.
The case remained stagnant until Fisher was charged Sept. 21, 2007, after DNA evidence linked him to a cigarette butt found outside the house a week after the murders. Police said Fisher's fingerprint was found on an envelope inside the house.
An independent DNA report requested by the defense has not been completed, but Fisher's attorney, public defender Glenn Alterio, said his client does not wish to delay the trial, which will begin on Fisher's 24th birthday.
The defendant's father, Rusty Fisher, said his son does not deny being at and smoking outside the Dales' house in early January to perform driveway work and will seek an alibi defense that he was in Arkansas on the day of the murders.
During Thursday's hearing, Alterio and Washington County Assistant District Attorney Michael Lucas argued whether Fisher's criminal record can be included since any criminal conviction occurred after Freda Dale's death. That record involves a June 11, 2003, robbery of an 80-year-old man in Arkansas for which Fisher entered a guilty plea.
Additionally, Lucas argued to exclude testimony that another man initially was charged, but later cleared.
Shannon Dale died before testifying at any hearing, and both attorneys argued the merits of whether any statements made by him could be considered hearsay.
O'Dell Seneca said she will rule on whether the evidence can by introduced before the trial begins.
She ruled immediately from the bench denying a motion by Alterio to permit Fisher to be released on nominal bond. A defendant may be released from incarceration under the state's Rule 600 if they are held without trial for more than 365 days. Fisher was charged Sept. 21, 2007, and with the trial beginning Monday, there is no violation of Fisher's rights.
The charges for which Fisher is being held are not bailable offenses, O'Dell Seneca said.
In addition to the homicide charge, Fisher faces two counts of robbery, burglary, aggravated assault, unlawful restraint, falsely impersonating persons privately employed, reckless endangerment and criminal conspiracy. The prosecution is not seeking the death penalty.
If the jury is selected in the morning, testimony is expected to begin Monday afternoon.
Outside the courtroom, Alterio said he is ready for trial.
As to whether Fisher will testify, Alterio said, "I will reserve the right to call him," adding he has not made that decision.
Lucas said he was also ready for trial.
Rusty Fisher said he wants the truth to come out and that he doesn't understand why the prosecution is arguing not to introduce that another man initially was charged. He also disputes why his son's criminal record, which occurred after the death, should be introduced.
Regarding Freda and Shannon Dale, Rusty Fisher said, "God bless those people. I'm sure that lady is in heaven and saying, 'You don't got the right person.'"
Homocide Trial of Mark David Fisher : 9/5/2008
That traveller is as guilty as the day is long. Where was his travelling father at that time. Have either one of them ever done a days work. Legal that is. I would like to hear their crimianl records and convictions and how many people like the Dales they have ripped off. Guilty.
not guilty : 9/5/2008
i think everyone needs to read the news paper a little bit more before they can pin guilty on someone they dont know if you have looked at every news paper on him you would see he's not guilty .
mark matthew fisher : 9/7/2008
I say before you get on here judging people .you need to know what your talking about if you have been following this cases then you would know he's not guilty. so montana man read a little bit more before you judge cause he's as innocent as the day is long read more and you will figure that out.
mark fisher and rusty fisher.. : 9/8/2008
i agree montana man..they should pull up the records of his father.maybe they will find out that hes been in and out of prison his self!maybe even for taping up old people and robbing them too.maybe they should sheck to see what kind of vehicle that he had at that time too.it might be a white van.these people dont deserve to be breathing the same air as we do.they belong under neith the pen.they might even wont to check the backgrounds of the other sons mr.fisher has.then they might just find the rest of the suspects.these people are nothing but lowlife scum and its a shame that this father will let his son sit in jail by his self and not take any of the blame his self for what hes done.as well as the rest of his family. pennsylvania woman.
matthew mark fisher : 9/13/2008
pennsylvania woman you seem to know alot about this family, i too know them and you are right on all counts the daddy was probably an accomplice as well as his brothers and yes the old man had a white van at the time you might check the mother out as well and i do know what im talking about
a believer in god : 9/21/2008
i say no man or women can judge another .theres only one person to decides what happens in his life and thats god .so i think all of you need to get on your knees a pray to god because your not god and you cant make gods decisions . he knows all and he knows best .shame on all you people judging a young man that you know nothing about god is in control he will see mark through this so .for all of you non believers trying to send a young innocent man to jail for somthing he is innocent of may god have mercy on your souls and have mercy if anything like this knocks on your door .GOD BLESS
