Published: Thursday, May 18, 2017 @ 10:40 AM
Updated: Thursday, June 01, 2017 @ 7:52 AM
By: Breaking News Staff, Mark Gokavi - Staff Writers
A judge on Thursday set bond at $1 million for the Dayton mother facing a possible death penalty trial for allegedly killing two of her children by shooting them in the head.
Montgomery County Common Pleas Court Judge Dennis Krumholtz entered a not guilty plea on behalf of Claudena Helton, 30, during her video arraignment. Helton didn’t speak during the proceeding.
Helton is being held in Montgomery County Jail before a trial on aggravated murder charges with death penalty specifications. A scheduling conference was set for June 15.
Helton’s 8-year-old daughter Khmorra and 6-year-old son Kaiden were both found shot in their heads in May before dying three days later at Dayton Children’s Hospital.
Defense attorneys Anthony VanNoy and Kimberly Melchor stood beside Helton in jail and stood mute on the charges, prompting Krumholtz to enter the not guilty plea for Helton.
Helton was indicted on two counts of aggravated murder of a person younger than 13 along with gun specifications and aggravated circumstances that make Helton eligible for the death penalty.
VanNoy — who indicated he may ask for a mental health evaluation of his client — has asked prosecutors to provide a bill of particulars, which would define the nature of the offense(s) charged and the conduct of Helton.
Among the 10 specific things VanNoy asked for is any written or recorded statements of Helton, any written summaries or oral statements made by Helton to prosecutors or law enforcement officers and other evidence from the case.
A complaint and affidavit filed by a Dayton police detective said Helton told police she acted against her children “to save them from the evils of the world.”
An email was sent to the Supreme Court of Ohio advising them that the case includes death penalty specifications, according to court documents.
Police said Helton was naked when she was arrested and had made her 11-year-old daughter help drag the other children’s bodies outside after the shooting.
“The death penalty is not something we ask for in many cases; we use it very sparingly,” Montgomery County Prosecutor Mat Heck Jr. said Tuesday. “We reserve it for the most horrific and most shocking crimes, gut-wrenching crimes. This case meets those specifications and qualifies under the Ohio law.”
DAYTON — UPDATE @ 8:44 a.m.
A not guilty plea was entered for Claudena Helton, accused of killing two of her children. Bond was set at $1 million.
Her next court date will be June 15.
Claudena Helton stood mute at her arraignment on aggravated murder charges.
Prosecutors announced on Tuesday that Claudena Helton is currently facing death penalty specifications on her murder charges.
The Dayton mother accused of shooting two of her children in the head is scheduled to appear in Montgomery County Common Pleas Court today.
Claudena Helton, 30, is facing several charges including aggravated murder and assault charges, according to online court records.
PREVIOUS: Helton tied to second molestation report
Khmorra and Kaiden died at Dayton Children’s Hospital three days after they were shot.
“The death penalty is not something we ask for in many cases; we use it very sparingly,” Montgomery County Prosecutor Mat Heck Jr. said. “We reserve it for the most horrific and most shocking crimes, gut-wrenching crimes. This case meets those specifications and qualifies under the Ohio law.”
Helton was naked when she was arrested and made her 11-year-old daughter help drag her other children’s bodies outside after the shooting. She is scheduled to be arraigned Thursday in Montgomery County Common Pleas Court and is in Montgomery County Jail on a $1 million bond.
Dayton police Chief Richard Biehl, who attended Tuesday’s press conference, earlier said it appeared there were some mental health issues in play in what he called a horrific, brutal, irrevocable crime.
“When you look at what someone does, so many times I think we see the more bizarre nature of the act itself, people want to say, ‘Well, there’s something wrong with them,’ ” Heck said. “But that’s not what we’re talking about.
“We’re talking about whether someone is legally insane and therefore not responsible for their actions. Under the law, until proven otherwise, the defendant is presumed sane and competent to stand trial.”
Defense attorney Antony VanNoy said he was disheartened that prosecutors felt they had to rush an indictment with death penalty specifications.
VanNoy said there are questions as to whether Helton could knowingly waive the various speedy hearing, indictment and trial guarantees. He said Helton’s competency may have to be determined before the case gets much beyond the arraignment stage.
“It’s a tragedy,” VanNoy said. “Everyone I’ve talked to — neighbors, friends, family — all say that she’s always been someone who’s tried to be a good parent. But there may be some things that went on more recently that would suggest that she was not in the right frame of mind when this happened.”
Heck said prosecutors and police had to move quickly because Helton hadn’t agreed to any time waiver.
“These charges and specifications are filed now in order to simply preserve the right to ensure justice for these young children,” Heck said. “That’s what’s so important, given the situation that we have now.
“We want to ensure justice, on behalf of the community, on behalf of Chief Biehl and the Dayton police department, on behalf of my office, that we ensure justice is given to these victims.”
VanNoy declined to comment on any cases in Helton’s criminal record. Helton at least twice has filed claims that her now-deceased son had been molested; neither case resulted in a prosecution.
Helton is the second active Montgomery County Common Pleas Court defendant to be indicted on death penalty specifications. Muhammad Shabazz Ali is awaiting trial, accused of shooting to death three people in 2016 - Tammy Cox, 53, Michael D. Cox, 25 and Jasper Taylor, 74.
If her case gets to trial, Helton would be the first woman to face a death penalty case trial in the county since China Arnold.
Arnold had trials in February 2008, September 2008 and May 2011, ultimately being sentenced to life in prison after being convicted for murdering her 28-day-old daughter Paris Talley by placing her in a microwave and “cooking” her in August 2005.
VanNoy said he plans to meet with his client at least one more time before deciding if he will file to request Helton’s competency to be examined.
“We don’t believe that our client could have made a decision to harm her children in this fashion,” VanNoy said. “We believe there’s something else going on.”
Heck said Helton is “entitled to receive the death penalty” for killing her children.
“This is truly a horrible, gut-wrenching case,” Heck said. “The defendant — the person who had the responsibility and the person we look to to guard, safe-guard, take care of the welfare and protect these children — basically caused their death.”
Helton’s case has been assigned to Judge Dennis Langer.