Jury to visit home where Kinsley Kinner died

Credit: DaytonDailyNews

UPDATE @ 4 p.m.:

The 12 jury members and two alternates will be transported to the Radabaugh Road house by the Butler County Sheriff’s Office just before opening statements Monday in the trial of Bradley Young.

Jurors will walk through the house and look in the garage, according to a ruling Tuesday by Butler County Common Pleas Judge Keith Spaeth.

The defense team requested that the jury physically view the Radabaugh Road house, but there was some question if the tenant, Chuck Diesbach, would give his consent. Diesbach was in court Tuesday, and his attorney indicated he had consented to the viewing.

The judge has ordered a pool of 65 potential jurors for selection to begin Monday morning.

Also during Tuesday’s pre-trial hearing, attorneys addressed which hospital and autopsy photos of Kinner would be permitted to be shown at trial. The defense objected to some they deemed repetitive and prejudicial. All but two photos were permitted by the ruling of the judge.

UPDATE @ 2:55 p.m.:

The tenant who lives in the home where Kinsley Kinner died has given his permission for a jury to view the house.

The jury will view the house before opening statements late Monday in the Bradley Young trial.

Also this afternoon, a judge is reviewing how many photos of Kinner — including autopsy photos and photos from the hospital — will be permitted to be used during the trial.

ORIGINAL REPORT:

A Madison Twp. man charged with murder in the beating death of a toddler will be back in court today for a final hearing before his trial begins next week.

Bradley Young, who is also charged with felony child endangering and involuntary manslaughter for allegedly killing 2-year-old Kinsley Kinner, is scheduled to stand trial beginning Sept. 26.

During today's hearing, lawyers are expected to discuss whether the jury will be able to go and view the Radabaugh Road house where Kinner was found unresponsive on Dec. 2.

Young was scheduled to stand trial in April, but that date was vacated when his attorneys filed a motion to have the charges dismissed.

Defense attorneys Frank Schiavone III and Frank Schiavone IV argued Butler County Sheriff’s detectives listened to four recorded calls from Young to Schiavone III just days after his arrest and gleaned information about a witness who then refused to talk with defense attorneys.

But after a day-long hearing, Butler County Common Pleas Judge Craig Hedric declined to dismiss the charges, finding the defense's argument without merit.

Young's girlfriend, Rebekah Kinner, Kinsley's mother, is serving an 11-year sentence for her part in the death of Kinsley.

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