Discussions continued until January after hearing for 3 charged in Crocker case

Published: Dec. 8, 2022 at 9:26 AM EST|Updated: Dec. 8, 2022 at 6:19 PM EST
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EFFINGHAM COUNTY, Ga. (WTOC) - Three suspects accused of murdering two children in Effingham County were scheduled for court so their lawyers and state attorneys could discuss their grand jury indictment. That discussion was continued for a second time after a heated debate between councils.

Elwyn Crocker Sr., Mark Wright and Kim Wright could face the death penalty if they’re found guilty of killing Mary and Elwyn, who were just teenagers. Their bodies were found in the backyard of their family home in 2018.

The defense attorneys representing the trio filed a pre-trial motion to dismiss a grand jury’s decision indicting them for the murder of Mary and Elwyn Jr. because they said composition of the grand jury was unconstitutional. They subpoenaed the Effingham County Clerk of Court Jason Bragg close to midnight on Friday, asking for documents within six days.

Bragg’s lawyer asked Judge F. Gates Peed to continue this hearing because they couldn’t get the documents to the defense in time. Lead state prosecutor Matt Breedon said this was a strategy by the defense.

“I think the court should deny this request from the clerk’s office which was designed to continue this hearing because they had every day, months to request these things from the clerk and they were requested six days before this hearing. There was no need to wait that long,” Breedon said.

Crocker’s defense attorney and state capital defender Jerilyn Bell took offense to Breedon’s comments.

“He accused all council in here of intentionally utilizing a lawful service of subpoena to not only impede the investigation of this case, of this issue but also to try and strategically delay this case. I find that deeply offensive,” Bell said.

This discussion was already pushed back from October to today.

They’ll revisit this motion and a motion about DNA findings in this case on Jan. 26 and 27 where all three defendants will be in court again.

Five people were charged in the case. They all have a family connection to the two children.

Roy Prater and Candice Crocker have already pled guilty to murder.