Judge denies motion to bar the death penalty in connection with suspected homicideBy Emily Etheredge Published 5:23pm Monday, March 4, 2013
A motion to bar the death penalty was denied at a hearing Monday in connection with the suspected homicide of Tracy Brown, 44, of Enterprise in 2010.
Circuit Court Judge Sibley Reynolds denied the motion to bar the death penalty regarding the capital murder charge of James Osgood who was charged along with Tanya Vandyke in the death of Brown.
In 2010, the Chilton County Sheriff’s Department responded to a call about a possible death at a trailer park at the intersection of county roads 49 and 24 in Enterprise. An investigation was conducted with the help of specialists from the Alabama Department of Forensics, and Osgood and Vandyke were arrested in 2010.
Both Osgood and Vandyke were at the hearing on Monday sitting on opposite sides of the courtroom as Reynolds granted discovery motions.
One motion Reynolds granted was to allow an open-file policy between the district attorney’s office and the defense.
Chief Deputy District Attorney C.J. Robinson said several of the motions granted do not change anything with the case but due to the capital murder charge things have to be placed on record when the case goes to trial, hence a pre-trial hearing.
“An open-file policy doesn’t change anything in the way of the case,” Robinson said. “We just provide the defense with any evidence we receive.”
Robinson said both Osgood and Vandyke have been in custody at the Chilton County Jail since they were arrested in 2010 and are being held without a bond.
Robinson said it is unlikely Vandyke’s trial will be set until Osgood’s is completed.
Osgood’s trial is set to begin Aug. 5 at the Chilton County Courthouse.