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Oct. 12 through 22 has been set aside for the murder trial of Sherrie Cusick of Cromwell. On Thursday, the defense was granted a change of venue it sought earlier, so the case will be heard in Fulton Circuit Court, according to court documents.
Although the criminal case was moved to the courthouse in Rochester, Kosciusko Circuit Court Judge Rex Reed still will preside over the case. Jurors will be selected from Fulton County.
Cusick, 34, of 11749 Pied Piper Parkway, Cromwell, is accused of killing her 7-year-old stepson, Anthony Cusick, who was found dead in a closet after a fire in the Cusick home.
Cusick was indicted on the murder charge by a grand jury in February 1998. That same grand jury failed to return an indictment against her in the Aug. 12, 1996, death of Cusick's stepdaughter, Kaelie Cusick, who suffered a broken neck in a fall down a flight of stairs at the Cusick home. Anthony Cusick died Nov. 23, 1996.
In November 1998, then prosecutor, David Kolbe, filed a murder charge against Cusick in connection with Kaelie's death. That charge was dismissed in March in a motion made by Kosciusko County Prosecutor Chuck Waggoner after the 4-year-old girl's body was exhumed and re-autopsied.
At the time of both deaths, the children were under the care of Sherrie Cusick, who is married to their father, Richard Cusick.
Kaelie's death was initially ruled accidental, but no mode of death was ever noted on her death certificate.
On the day she died, Kaelie reportedly became entangled in a sheet she had wrapped around her and tumbled down the stairs. She was found by her brother, Anthony.
Anthony later died after allegedly playing with matches in a closet and succumbing to smoke inhalation.
Evidence from Anthony's death suggests foul play, authorities said, because no matches were found in the closet in which Anthony's body was found and the burn pattern in the closet is said to be consistent with an unconscious child. Also, the closet door was not locked, obstructed or otherwise barricaded to prevent his exit, according to court documents.
If convicted of Anthony's death, Cusick faces 45 to 65 years in prison. There is a possiblity, as well, that the prosecution will seek the death penalty or life without parole in the case, but no decision has been made at this time on how the matters will be pursued, Judge Reed said at a court hearing in November.
Cusick originally was scheduled to go on trial last November to face the murder charge brought against her in Anthony's death. However, her attorney, Mike Reed of the Reed & Earhart firm in Warsaw, requested a continuance until sometime after Jan. 1. That request was granted by Judge Reed, with no new trial date set at that time. Thursday's pre-trial hearing was set at the request of the defense.
Cusick is out on bond while she awaits trial.
