Trial in Nelson girl's murder delayed; laywers says evidence could exonerate defendant
The March 14 trial in the shooting death of a 17-year-old girl in Nelson Township nearly two years ago has been pushed back two months, even as defense attorneys say they have evidence that could exonerate their client.
A new trial date of May 9 was set on Monday for Zachary David Blosser, 20, according to Portage County Court of Common Pleas records. This is the ninth time the rial has been continued and rescheduled for Blosser since a grand jury indicted him in the March 2021 death of Kaylee Freitag.
According to a motion of continuance filed on Friday, the Portage County Prosecutor's Office requested the trial be rescheduled due to primary prosecutor Steve Michniak being scheduled for "major surgery" on Tuesday following an unspecified medical emergency. Michniak is not expected to return to work for four to six weeks.
"The State believes it is necessary for Prosecutor Michniak to be at the trial in this matter…," states the motion.
In a motion also filed on Friday, defense attorneys Leonard Hazelett and Abigail Schock, both public defenders, objected to the continuance.
The defense attorneys claim in their motion that past continuances they have requested were due to the Portage County Sheriff's Office lead investigator in the case failing to provide evidence favorable to Blosser to the Ohio Bureau of Criminal Investigation for examination.
This evidence in question includes Freitag's cell phone and DNA. Continuances were requested by the defense and court orders issued to have the evidence submitted to BCI. The defense motion claims that text messages and photos found on the phone and a comparison of Freitag's DNA to DNA of an "unidentified female" found on the gun that killed her is evidence in Blosser's favor.
The sheriff's office did not respond to a phone call and email requesting comment on the allegation.
More:Man charged in girl's murder declared competent to stand trial; new trial date set
Zachary Blosser defense attorneys oppose continuance
In arguing against the continuance, Hazelett and Schock contend that Assistant Prosecutor Sean Scahill has served as "second chair" on the prosecution team and could present the state's case himself and that there are other prosecuting attorneys on staff who could assist Scahill.
The defense motion also states that Schock, who has been working on the case for two years, is leaving the Portage County Public Defender's Office in early April and that she had delayed her departure to see the Blosser trial to its conclusion.
"The effect will be that the proverbial shoe will then be on the other foot in that the continuance will result in the defendant losing an essential party to defendant's defense," the motion states.
The defense also states that issued more than 40 subpoenas to witnesses more than a month ago and all have acknowledged receipt of the subpoenas and were presumably ready to testify at the March trial.
Girl shot at home
Blosser is accused of shooting Freitag once in the mouth in the basement of a Knowlton Road home. Blosser reportedly attempted CPR on Freitag immediately following the shooting.
Court records include a Ravenna address for Blosser, but the sheriff's office said he had been living at the Nelson home, where Freitag also lived, for about six weeks at the time of the shooting. The home is owned by Freitag's uncle.
A grand jury indicted Blosser on two counts each of unclassified felony murder and second-degree felony assault, as well as single counts of third-degree felony tampering with evidence and fourth-degree felony safecracking. The murder and assault charges all include firearms specifications. One of the murder charges alleges that Freitag was killed during an assault and one of the assault charges alleges the assault was committed with a deadly weapon.
The gun was reportedly kept unloaded in a locked safe in the home.
Blosser has been held on a $2 million bond in Portage County Jail since March 2021.
Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.
This article originally appeared on Record-Courier: Trial in Nelson Township girl's March 2021 murder delayed again
