October 5, 2018 at 4:09 p.m.
Judge narrows evidence to be presented at Tran trial
Some evidence admissible only if defendant or her former husband testify
Judge narrows evidence to be presented at Tran trial
By Jamie Taylor and Heather Schaefer-
In the case of Ellen Tran, accused of causing the death of her 20-month-old stepson back in April 2017, this laborious process continued Wednesday as Judge Patrick O'Melia made additional determinations as to which materials can be introduced to the jury when she stands trial starting Oct. 22.
Tran, 29, is charged with first-degree reckless homicide in the death Avery J. Edwards, her former husband's son from a previous relationship.
Prosecutors allege Tran caused blunt force trauma to the child's head sometime on April 14, 2017 in the Newbold home she shared with her then-husband Dr. Trung T. Tran. The couple divorced in June and neither currently reside in Oneida County.
Selection of the 12 jurors and two alternates who will determine Tran's fate is set for Friday, Oct. 19. Opening statements are expected Oct. 22.
Wednesday's hearing was a continuation of a hearing on motions in limine (pretrial motions) held Sept. 12. The bulk of the more than 90-minute session was focused on the admissibility of information included in a filing submitted by defense attorney Jonas Bednarek entitled Ellen Tran's statement on third-party responsibility as well as a 167-page affidavit filed as a supplement.
With the filing, Bednarek and co-counsel Sarah Schuchardt are seeking to introduce evidence they argue will convince the jury that Trung Tran also had motive, opportunity and direct connection or access to the boy and may have caused the injury that led to his death.
The document also alleges there was bias on the part of the detectives investigating the case that caused them to focus on Ellen Tran rather than Dr. Tran.
During the hearing, O'Melia, Bednarek and Oneida County district attorney Mike Schiek went through the filing line by line, with the lawyers making arguments and O'Melia making rulings as to which parts should be disclosed to the jury.
"In the state's opinion, one of the underlying goals (of the defense) is to make Trung Tran out to be a bad person, and we have to look at whether or not if that's its principal purpose," Schiek said. "This case is against Ellen Tran and the charge is reckless homicide."
Schiek added that some of the evidence Bednarek is seeking to present to the jury occurred as far back as 2006 and is either hearsay evidence or not directly relevant to the current matter.
In some instances, O'Melia ruled some of the evidence Bednarek wants to introduce will only be admissible if either Ellen or Trung Tran testifies.
Trung Tran, who currently lives in North Carolina, has been subpoenaed but could invoke his Fifth Amendment right against self-incrimination.
As for Ellen Tran, Bednarek told O'Melia Wednesday no decision has been as to whether she will take the stand in her own defense.
"I'm going to be very careful at this juncture about disclosing my defense for this case," Bednarek said at one point. "But I can tell you that the defense that we use is not entirely that Trung did this directly."
Bednarek also said that some of Schiek's objections can be resolved through careful wording of questions to various witnesses.
He also offered another potential solution to the ongoing evidentiary disputes.
"Could we submit a one-page, factual, this is what we think happened, and you (Schiek) do the same?" Bednarek asked.
Schiek and O'Melia agreed, with Schiek noting that any last-minute issues could be resolved via a telephone status conference set for Oct. 15.
If convicted of the reckless homicide charge, Ellen Tran faces up to 60 years in prison.
Dr. Tran is also facing charges in connection with Avery's death. He is accused of failure to act to prevent bodily harm (as opposed to great bodily harm) to a child, a class H felony, and child neglect resulting in death, a class D felony. His next hearing is scheduled for November 13. If convicted, he faces a maximum of 31 years in prison.
According to the criminal complaint, the investigation into Edwards' death began with a hang-up 9-1-1 call from the Tran residence the evening of April 14, 2017. 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 and later transferred to another area hospital 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. The charge was amended to first-degree reckless homicide following a preliminary hearing June 23, 2017 that featured testimony from Fond du Lac County medical examiner Doug Kelley.
In an interview with investigators, Ellen 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.
Jamie Taylor may be reached at [email protected].
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