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April 4, 2007
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Currie orders two trials for Sprinkle
The increased cost of justice
By Debbie Lowe Staff writer
Leon Sprinkle, 49, charged with five counts of possession of child pornography and one count of child exploitation will appear in court twice to answer to the charges.

Sprinkle
Sprinkle's c o u r t - a p pointed attorney Patrick Manahan filed a motion in Carroll Circuit Court for severance of the counts. The state, represented by county prosecutor Tricia Thompson, filed an objection to the motion April 2.

Manahan argued in an April 3 hearing that severance was mandatory by law because the alleged offenses occurred at different times, had different victims and was not part of a single plan or scheme.

Manahan said severance was discretionary because of the nature of the offenses; that photos used as evidence would be highly prejudicial and make it impossible for a jury to distinguish between the possession of pornography charges and the child exploitation charge.

Thompson contended severance was not mandatory because the charges were based on the same conduct and circumstances. She said witnesses and evidence were the same.

Thompson added there were basically two crimes charged and it was reasonable to expect a jury to understand the difference. She said the alleged crimes were part of the same scheme due to the nature of the crimes.

However, Carroll Circuit Court Judge Donald Currie sided with the defense without hesitation. He granted the motion of severance and ruled there would be two separate jury trials.

In a follow-up interview, Thompson explained there would now be two, 12-person juries selected for the two separate trials. She said the same witnesses will be called for both and the same evidence will be presented.

Thompson said the measure represents double the cost to the county for court time, her time, the court appointed attorney, and the cost for two juries.

Sprinkle's first trial date, for the child exploitation charge, is set for April 16 at 9 a.m.