“(A hearing) has been requested, and I understand that (Conasauga Circuit Superior Court Chief) Judge (Billy) Boyett doesn’t have an objection to it,” Seventh District Court Administrator Jody Overcash said. “Hopefully an order will be filed toward the end of the week.”
The judge’s order should mean a closed hearing for Wednesday, Aug. 27, at 9 a.m. in the Walker County Courthouse, she said.
After building his case against Marsh for about six months, Lookout Mountain Judicial Circuit District Attorney Herbert “Buzz” Franklin said he is prepared to present his case.
Franklin said he began poring over the evidence since the Georgia Bureau of Investigation began slowing the process of identifying uncremated remains. Investigators said they uncovered 334 sets of remains around the crematory property in Noble.
Other trying court cases have stalled the discovery process, including three murder cases in his circuit asking for the death penalty, Franklin said.
“It’s something we’ve always known was coming,” Marsh’s attorney Ken Poston said. “I’ll file motions fairly quickly after arraignment, and then we’ll go from there.
“After the judge rules on the multitude of motions to be filed, there will be more decisions to be made,” he said.
Poston added that he hopes to get as much time to review evidence as the state did while building its case.
“I would hope to get at least that,” he said. “I imagine there will be a trickling of motions as things are discovered during discovery.