Dubbed by some the “father of filicide” — the murder of a child by his or her parent — Resnick has consulted in the trials of Jeffrey Dahmer, Scott Peterson, Andrea Yates and others.
But Nastoff limited any additional taxpayer expense more than the $9,500 already spent on indigent defense experts in the case at $3,500.
Assistant Butler County Prosecutor Jason Phillabaum called the ruling “fair.” He argued in court that indigent defendants don’t deserve the same level of defense as those who can pay for their defense, especially as the courts and law enforcement are facing budget shortfalls and layoffs.
“Although this is a very important case, the court — just like everyone else in this situation — needs to be fiscally responsible,” he said.
Defense attorney Chris Pagan declined to comment on the ruling.
Attorneys did not say in court what the hourly rate for Resnick — who is listed as a possible witness in the case — would be.
The judge also deferred a ruling on whether, if Avila-Villa were to plead guilty, she could have her sentence handled by a jury instead of a three-judge panel.
The court has scheduled a hearing for Aug. 13 on a motion to suppress testimony formerly made by Avila-Villa. And the trial is scheduled to start with jury selection on Sept. 13.
Avila-Villa, 26, is facing the death penalty if convicted of killing her 5-week-old son and throwing his plastic-wrapped body in a trash can.
She is charged with aggravated murder and several other felonies, including abusing Isreal Santos’ body and having sex with a teenager. Prosecutors say she killed her baby to escape punishment for having sex with the underage boy.
Staff Writer Lauren Pack contributed to this report.
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