March 23, 2018 at 4:14 p.m.
Trial date set in toddler death case
Ellen Tran to face a jury in October
Trial date set in toddler death case
Judge Patrick O'Melia scheduled Ellen Tran's trial for Oct. 22 during a status conference Thursday in Oneida County Circuit Court. Tran is charged with one count of first-degree reckless homicide in the death of her toddler stepson Avery J. Edwards.
According to court records and previous court testimony, Edwards became unresponsive April 14 while in Ellen's care. He later died at a hospital in Marshfield.
The status hearing had been rescheduled from Feb. 16 to give two potential defense experts additional time to review medical evidence.
Defense attorney Jonas Bednarek and district attorney Mike Schiek told O'Melia they have now exchanged expert witness lists and provided each other with information as to what sort of testimony they are expecting from each witness.
The status conference lasted just two minutes, however both attorneys met with the judge in chambers for approximately 25 minutes before the case was called.
"I also learned that this will probably take about five days to (try), actual testimony?" O'Melia asked.
Both lawyers concurred.
"What I would like to do is pick a jury on Friday, Oct. 19, excuse the jury for the weekend with proper instructions, obviously," O'Melia said. "Then use the week of Oct. 22 up to, and including, the 26th."
The judge said he understands that some expert witnesses may have scheduling issues, but noted he has some room on his calendar for the previous week.
"If needed, contact me as soon as you find out their availability, if there are any issues," the judge said.
O'Melia asked if there have been any issues with Tran complying with the conditions of her bond and was told there have not.
The judge also said he understands that there may be motions filed between now and the start of the trial.
"Let's get those in as soon as we can," he said. "Let's not be the week before the trial. Obviously, we want to know, going in, what the issues are."
Both attorneys agreed to file any motions in a timely manner.
The investigation into Edwards' death began with a hang-up 9-1-1 call from the Tran residence the evening of April 14. When a dispatcher called back, Ellen Tran reported that Edwards, who was visiting from Virginia, was unresponsive and had stopped breathing.
Edwards was transported by ambulance to Ascension St. Mary's Hospital in Rhinelander and then flown to St. Joseph's Hospital in Marshfield where he passed away.
Two days later Ellen Tran was arrested on suspicion of second-degree reckless homicide. She made her initial appearance in Oneida County Circuit Court April 18 at which time she was formally charged with second-degree reckless homicide. That charge was amended to first-degree reckless homicide months later following a preliminary hearing June 23 featuring testimony from Fond du Lac County medical examiner Doug Kelley.
In an interview with investigators, Tran said the boy became unresponsive after falling in the shower but she could not remember how the fall occurred.
Kelley testified the boy's injuries did not match that narrative.
The boy's father, Dr. Trung T. Tran, was charged Sept. 20 with failure to act to prevent reckless causing of great bodily harm to a child and child neglect resulting in death.
The first count was dismissed following a motion hearing in late November, however the second charge went forward after a preliminary hearing was held Jan. 26.
On Feb. 21, Schiek filed an information in the case charging Tran with failure to act to prevent bodily harm to a child, a class H felony, and child neglect resulting in death, a class D felony.
A motion hearing in Dr. Tran's case is scheduled for May 16.
Jamie Taylor may be reached via email at [email protected].
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