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The prosecution cannot bring up evidence associated with the death of one child during the trial of a woman accused of murdering another child, Kosciusko Circuit Court Judge Rex Reed ruled last week.
Sherrie Cusick of Cromwell is scheduled to be tried for murder in the Nov. 23, 1996, death of her 7-year-old stepson, Anthony Cusick. The younger Cusick died in a fire at the home of Richard and Sherrie Cusick while in Sherrie's care.
Anthony died about three months after his 4-year-old sister, Kaelie Cusick, suffered a broken neck in a fatal fall down the stairs at the Cusick residence. Both deaths were originally ruled accidental.
A grand jury investigation resulted in Sherrie being charged with murder in Anthony's death, but no indictment was returned with regard to Kaelie's death.
"We feel the jury should know that two children died in her care in roughly an eight-week period," said Kosciusko County Prosecutor David Kolbe. "It shows motive."
Despite the judge's present decision that the evidence of Kaelie's death not be admitted during the trial in Anthony's death, Kolbe said he sees it as a bit of a victory for the prosecution because "it may narrow the scope of the defense."
Court documents indicate that while the judge believes Kaelie's death is not pertinent to the trial in Anthony's death, his decision is not necessarily final if the prosecution can present relevant evidence.
The trial of Sherrie Cusick is supposed to begin Nov. 30 in Kosciusko Circuit Court and is scheduled for four days. However, the defense has moved for a continuance of the trial date. The judge has not yet ruled on that request.
A civil lawsuit against both Richard and Sherrie Cusick also is pending and claims that the couple are responsible for both children's deaths due to negligence. The case was filed in Kosciusko Superior Court I by Lisa Teders, the mother of the children.
