The 5th District Court of Appeal has overturned the convictions of a woman and her husband in the drowning of her 3-year-old son and disappearance of his 2-year-old brother during a camping trip.
In an appeal filed by David Graeff, Richard Klein's attorney, it was argued that the trial of Richard and his wife Kasey should have been conducted separately and that the court committed an error in not doing so. Graeff argues that this decision kept his client from having a fair trial based on the strategy of Kasey's attorney.
Since the appeals court agreed with Richard Klein's attorney and the mistake was made at the beginning of the trial to correct the issue both Richard and Kasey are to have new separate trials.
Muskingum County Assistant Prosecutor Bob Smith said they are disappointed by the courts findings, but understands them. He anticipates that the Kleins will be returned to the Muskingum County Jail, where bond hearings will take place and new trial dates set. He said from there the prosecutors office will prepare for two separate trials.
Authorities said the toddlers wandered away from the family campsite near the Muskingum River at Ellis Dam in 2011. 3-year-old Ayden Cecil was found in the water his half brother, Anthony wasn't found.