By John Estridge
A Franklin County man charged with four felonies and a Habitual Criminal addition to the charges in the vehicular death of Jenni Fasbinder had his initial hearing in Franklin Circuit Court Wednesday, August 18.
Josh Trammell, 43, is charged with Causing Death when Operating a Motor Vehicle with a Schedule I or II Controlled Substance, as a Level 4 Felony; Causing Death when Operating a Motor Vehicle while Intoxicated, as a Level 4 Felony; Reckless Homicide Defendant Recklessly Kills Another Human Being, as a Level 5 Felony; and Possession of a Syringe, as a Level 6 Felony.
Trammell is accused of being under the influence of methamphetamine and amphetamines while operating a Silverado pickup, pulling a trailer. His vehicle crossed the centerline, striking Fasbinder’s Kia head-on, according to the Affidavit for Probable Cause.
The Silverado overturned, landing on the driver’s side while the trailer became unhitched. The Kia went off the road and burst into flames. Fasbinder was declared dead at the scene.
According to the Affidavit, the crash took place on July 7 and was near the Yellow Bank Road intersection with U.S. 52 west of Brookville.
At the initial hearing, Franklin Circuit Court Judge J. Steven Cox entered a not guilty plea for Trammell. A Rushville attorney, Paul Barada Jr., was appointed by Cox to be Trammell’s public defender. An Omnibus date was set for September 23, while the pre-trial conference was set for 1 p.m., October 21.
According to Justia US Law, “the purpose of the omnibus date is to establish a point in time from which various deadlines under this article are established. The court shall direct the clerk to notify the defendant and all counsel of record of the omnibus date.”
The same website also defines a pre-trial hearing and what the goal of the pre-trial hearing is.
The purpose of the pretrial hearing is to:
- consolidate hearings on pretrial motions and other requests to the maximum extent practicable;
- rule on the motions and requests and ascertain whether the case will be disposed of by guilty plea, jury trial, or bench trial; and
- make any other orders appropriate under the circumstances to expedite the proceedings.
(b) At the time of the pretrial hearing as provided under this section, or at any other time after the filing of the indictment or information and before the commencement of trial, the court, upon motion of any party or upon its own motion, may order conferences to consider any matters that will promote a fair and expeditious trial. The purpose of such a conference shall be to consider any matters related to the disposition of the proceedings, including the simplification of the issues to be tried and the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof.
(c) At the conclusion of the conference the court shall prepare and file a memorandum of the matters agreed upon. Any admission made by the defendant or his attorney at the conference may not be used against the defendant unless the admission is reduced to writing and signed by the defendant and his attorney.
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