Continuously serving Kosciusko County since 1854
Expert witnesses will be sought for the upcoming murder trial of an area woman accused of killing her stepson.
Kosciusko County Prosecutor David Kolbe said he wants to bring in several experts who will be used to prove the case against Sherrie Cusick, accused in the death of 7-year-old Anthony Cusick who died of smoke inhalation in a closet.
A grand jury indicted Cusick on a murder charge after hearing two days of testimony surrounding circumstances of the Nov. 23, 1996, death.
The same grand jury also chose not to hand down an indictment in the death of another stepchild, Kaelie Cusick, 4, who died while in the care of Cusick three months before Anthony died.
Kaelie Cusick's death was ruled accidental after she fell down a flight of stairs.
Expert witnesses, unlike other witnesses, are paid to provide expert analysis. As a result, Kolbe requested and received permission for $8,000 needed to pay any future experts that might testify in the trial. Experts were used in the grand jury proceedings.
On Thursday night, county council approved the request unanimously.
"I believe we can do it with $8,000. It's money well spent," Kolbe said.
Testimony will be needed from a forensic pathologist, a toxicologist, a radiologist and possibly others, Kolbe said.
Experts will be used in part to discount any other plausible theories behind the child's death, Kolbe said.
Investigators believe Anthony Cusick was unconscious before the fire broke out. A fire-damaged coat was found near the body.
The closet door did not have a lock and did not latch properly, meaning the door could have been opened by just pushing on it, investigators said.
Cusick remains in jail without bond.
Officials say Cusick, 32, was difficult to work with in the investigation. They describe her as sometimes soft-spoken, manipulative and difficult to interrogate.
Kolbe said he expects Cusick's defense team will seek psychological tests for the defendant.
Kolbe said he is contemplating whether to seek the death penalty against Cusick. Indiana law allows prosecutors to seek capital punishment or life in prison without parole if the victim is younger than 12 years old.
Kolbe said he will likely reach a decision within a few weeks after consulting with police, other prosecutors and people within the judicial community.
The first-term prosecutor said he expects some people will suggest talk of a death penalty is being discussed for political gain.
"Considering the death penalty is due to facts in the case, nothing else," Kolbe said.
He also notes the Cusick case and the conviction of Kristina Crooks last month on charges stemming from the death of her 11-month old child were delayed because both women were pregnant.
"We would have done this case a long time ago, but Mrs. Cusick delayed the case herself with two pregnancies," he said.
The investigation had the strong support of the children's birth mother.
The children's father, Richard Cusick, is supporting Sherrie Cusick against the allegations. He is caring for the couple's baby boy, born two weeks ago.
