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Sherrie Cusick will not go on trial Monday as planned in the death of her 7-year-old stepson. And when the trial does take place, it might not happen here.
Cusick, 34, of 11749 Pied Piper Parkway, Cromwell, is charged with murder in the Nov. 23, 1996, death of her stepson, Anthony Cusick. The younger Cusick was found dead in a closet after a fire in the Cusick home.
A five-day trial was to begin Monday, but a requested continuance was earlier granted. A new trial date has not been set. Defense attorneys also are seeking a change of venue for the case.
Sherrie Cusick was indicted by a grand jury in February 1998 for allegedly killing Anthony. He died after allegedly playing with matches in a closet and succumbing to smoke inhalation, but authorities said evidence from Anthony's death suggests foul play 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.
The grand jury also reviewed evidence from the Aug. 12, 1996, death of Cusick's stepdaughter, 4-year-old Kaelie Cusick, who died after allegedly falling down a flight of stairs at the Cusick home. No indictment was returned in that case, but a charge of murder was filed against her in November in an ongoing investigation by police and the prosecutor's office. That case was dismissed in March, and a motion by the defense, granted by Kosciusko Circuit Court Judge Rex Reed, precludes evidence being brought up about Kaelie's death during the trial for Anthony's death. Mike Reed is Cusick's court-appointed attorney for the case.
According to court documents, the continuance was granted because an expert witness to be called by the defense will be out of the country on a vacation planned prior to the scheduling of the trial.
The motion for a change of venue remains under advisement. The defense request was made because of "extensive pre-trial publicity by local media ..." which Cusick's attorney claims is "biased and prejudicial" and "will likely render it improbable that an impartial jury can be obtained from Kosciusko County."
If the judge doesn't agree to a change of venue, the defense is seeking that the jury be drawn from residents outside Kosciusko County.
