The surviving victim in Eric Hendon’s triple-murder case surrendered her laptop to a Summit County judge during a hearing Friday, but the fight over how much personal information the victim must provide in the case is far from over.
The attorney for Ronda Blankenship, who was shot and stabbed and lost an eye in the New Year’s Eve 2013 incident at her boyfriend’s Barberton home, provided Judge Amy Corrigall Jones with Blankenship’s cellphone last week. At the request of defense attorneys, attorney Elizabeth Well handed over Blankenship’s laptop Friday, telling the court it was the only other electronic device she is aware of that her client used to communicate about the incident.
As soon as Well handed over the computer, Assistant Prosecutor Teri Burnside, stood up, saying she “couldn’t help herself.”
“I ask the court to reconsider an order to violate this victim’s rights to privacy,” she said. “I’ve never seen anything like this in 27 years.”
Brian Pierce, one of Hendon’s two defense attorneys, however, said Blankenship’s information will be reviewed privately by Jones to determine its relevancy, which helps to balance Blankenship’s right to privacy with Hendon’s right to due process.
The computer handoff was the latest in a strange, several-month battle between defense attorneys and prosecutors that began in October after defense attorneys discovered a journal entry by Blankenship that identified Michael Hendon, Eric’s younger brother, as the main perpetrator in the incident.
This contradicted Blankenship’s testimony during Michael Hendon’s trial that pointed to Eric Hendon as the primary perpetrator. Michael Hendon was convicted of multiple counts of aggravated murder and was sentenced by Jones in September to life in prison with no chance of parole.
Eric Hendon’s trial is scheduled to begin Feb. 17. He is facing the death penalty.
Since Blankenship’s journal entry was discovered, Eric Hendon’s attorneys have sought additional information from Blankenship, including any electronic devices she used to communicate about the case and her email and social-media passwords, to see whether she made any other potentially exculpatory statements regarding their client.
Blankenship, however, has her own attorney, Elizabeth Well from the Justice League of Ohio, a nonprofit group that provides legal assistance to crime victims in court proceedings. Well has filed an appeal in the Ninth District Court of Appeals that challenges Jones’ order for Blankenship’s personal items to be provided and has requested a stay from Jones pending the appellate court’s ruling. She also asked Jones to quash the prosecutor’s subpoenas.
Blankenship, who was ordered to be at Friday’s hearing, didn’t speak during the hearing and left immediately afterward. She was comforted during the proceeding by her aunt, Rita Breton. Asked if she wanted to comment, Blankenship said, “I just want to get out of here right now!” before hastily leaving.
Defense attorneys plan to have a computer expert make a forensic image of the items on Blankenship’s computer. Jones said she will look over the computer material — as well as medical records also provided to the court — to see if it is relevant to the case. She has promised not to share any of the information with the attorneys without first having a hearing.
Pierce and Don Malarcik, Eric Hendon’s attorneys, have asked Jones to dismiss the case, remove the death-penalty specification or now allow Blankenship to testify at trial. They argue such sanctions are warranted because prosecutors withheld evidence in the case and have been uncooperative.
Assistant Prosecutor Dan Sallerson, however, filed a response Friday afternoon asking Jones to dismiss the request. He said it is baseless and argued the defense attorneys are trying to “create issues for appeal and/or somehow twist the State of Ohio’s arm to dismiss a death specification.”
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.