Child Death Trial Moved to December

Ohio County Circuit Judge James Mazzone on Wednesday moved the child death trial of Edward and Cindy Cole to December.

During a pre-trial hearing for Cindy Cole, Mazzone granted a request from Defense Attorney Stephen Herndon and Assistant Ohio County Prosecutor Jenna Wood for continuance of the trial scheduled for Monday and Tuesday. The case is now set for Dec. 16-17.

The two attorneys told the court they had not yet received litigation packages from the state medical examiner’s office.

Herndon said the litigation packages are new to the court system. The documents are a complete explanation of all matters concerning the cause of death and related matters.

Edward Cole, 38, and Cindy Cole, 28, of Wheeling Island, are each facing a single count of child neglect resulting in death after their daughter, 3-year-old Patience Cole, died March 4, 2012 after ingesting prescription antidepressants at her family’s home.

Also at Wednesday’s hearing, Mazzone withheld decisions on two of Herndon’s motions to suppress. One was to suppress a written statement to police from Cindy Cole on the day of the death. A second suppression motion dealt with search evidence found in the Coles’ home.

Herndon also asked that some postmortem photographs be withheld from the jury. He argued the photos had no significance to the case and they may prejudice the jury.

Attorney Mark Panepinto is representing Edward Cole.