Dad to go on trial for murder of two children, mother-in-law (Canton, Ohio)

Dad JAMES MAMMONE III is finally going to trial for the murder of his two children and their maternal grandmother. Although he is pleading "not guilty," police say he had already confessed to the crimes. Seems he wanted to "hurt his ex-wife" (which is a typical motive among violent fathers) and that he wanted to "spare" the children "the aftermath of divorce" (which is self-serving crap). He also broke into Mom's house and set fire to a truck outside.

http://www.cantonrep.com/communities/canton/x1671993606/Mammone-trial-to-begin-Tuesday

Mammone trial to begin Tuesday

By Shane Hoover
CantonRep.com staff writer
Posted Jan 02, 2010 @ 09:21 PM

CANTON — .The crimes were tragic enough.

Two children stabbed to death. Their grandmother shot and killed in her own home.

More shocking was the person who authorities said was responsible: James Mammone III, father of the children and the grandmother’s former son-in-law.

On Tuesday, the first of more than 300 prospective jurors will report to Stark County Common Pleas Court for Mammone’s trial. Jury selection is expected to take all week. Testimony in the case is not scheduled to begin until Jan 11. The case is assigned to Judge John G. Haas.

Mammone, 36, of Canton, has pleaded not guilty to three counts of aggravated murder, two counts of aggravated burglary, three firearm specifications and single counts of violating a protection order and attempted arson.

Authorities have said he stabbed his children, 3-year-old James IV and 5-year-old Macy, and shot Margaret J. Eakin, on June 8. Eakin, 57, was found in her Poplar Avenue NW home. The children were found in the back seat of Mammone’s car following his arrest later that day outside his apartment in the 1400 block of Fulton Road NW, police have said.

Mammone also is accused of breaking into the Canton Township home of his ex-wife, Marcia Eakin, and trying to set fire to a truck parked outside.

Each murder count carries two specifications that would allow the jury to consider the death penalty if Mammone is convicted.

PRETRIAL PUBLICITY

The prospective jurors will be questioned about what they already know about the case, their views on the death penalty, and their personal experiences with divorce and child custody.

Pretrial publicity has been an issue throughout the case.

After Mammone’s arrest, police said he confessed to the killings, saying he wanted to hurt his ex-wife following their recent divorce.

In August, The Repository published a jailhouse letter believed to have been authored and mailed to the newspaper by Mammone. The letter states, in part, that Mammone killed his children to spare them the aftermath of divorce.

Mammone’s attorneys sought to have the trial moved to a different county due to media coverage about the case. The judge denied the request but said the defense can make the request again during jury selection.

If Mammone is found guilty of aggravated murder with a death specification, the trial will enter a second phase, where the jury will have to recommend a penalty.

That could include death, life in prison without parole, life in prison with parole eligibility after 30 years or life in prison with parole eligibility after 25 years.