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CRIME Man faces 3 counts of murder



Published: Sat, February 5, 2005 @ 12:00 a.m.



If convicted, James Trimble could receive the death penalty.

RAVENNA (AP) -- A man has been charged in the fatal shootings last month of three people, but his attorney is seeking contempt charges against the county prosecutor.

James Trimble, 44, of Brimfield Township outside Kent, was indicted Friday on three counts of aggravated murder. He could be sentenced to death if convicted of any of the three counts.

Trimble also is charged with kidnapping, felonious assault, aggravated burglary, and illegal possession of 21 firearms because he is a convicted felon.

Trimble's lawyer, Dennis Day Lager, accused Portage County Prosecutor Victor Vigluicci of violating a gag order hours after it was imposed by the judge.

Lager said in court documents that Vigluicci's ego was out of control and criticized him for comparing the case to a 1996 Portage County case that resulted in a man being sent to death row. The comparison, made to a local newspaper, unfairly prejudices the jury pool, Lager said.

The prosecutor's office said Vigluicci could not comment on any motion in the Trimble case.

Allegations

Trimble is accused of killing Sarah Positano, 22, a Kent State University student from Sault Ste. Marie, Ontario, his girlfriend, Renee Bauer, 42, and her 7-year-old son, Dakota.

Police said Trimble killed Bauer and the boy in the home the three shared, then fled to Positano's condo and took her hostage, shooting her before he was found hiding inside.

Trimble pleaded innocent last month to 12 counts of attempted murder in the case. Authorities accused him of firing an automatic rifle at police officers during a standoff before he was taken into custody.

Authorities listed several weapons in Friday's indictment that they say belonged to Trimble, including three M-1 rifles, the AR-15 assault rifle police allege was used in the January shootings, an Uzi and a Chinese version of the AK-47 assault rifle.

Trimble has a 1985 felony drug conviction and also has served time in prison for assault and federal gun charges.




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