Two Years and New Charges:
Transcript

SUMMARY KEYWORDS

shockley, indictment, defendant, death, lillard, life, felony murder, case, state, investigation, unlawfully, georgia, motion, involuntary manslaughter, evening, prosecution, count, interviewed, marcus allen, read

SPEAKERS

Penny

 

Penny  00:00

Hi I'm Penny Dearmin, and this is Blood Town. On the two year anniversary of the Mother's Day murder, we want to honor Dr. Marianne Shockley and bring you a few case updates in this bonus episode.

 

00:46

Good evening, and thank you for joining us this evening for this solemn event. At the end of each academic year, the University of Georgia through this ceremony comes together to remember to mourn and to reflect upon the lives of lost friends, classmates, colleagues, professors, staff members, family members, and fellow Bulldogs. By joining us for this event, you demonstrate a deep compassion for those beloved individuals who have departed this world during this time, and whose memories we have come together to celebrate this evening. Relationships are the foundation of this great institution. They are what allow us to endure. It is heartbreaking every year, when some of our relationships are ended, often unexpectedly, through the loss of life. Words alone cannot begin to express our profound sorrow and concern for the loved ones affected by each loss. So as has it been in the past, this memorial service provides a time for healing for acknowledgement and expression of grief. In the midst of our collective mourning this evening, we allow this community to unite to find hope, and to be reminded that we can honor the departed by the way we live our lives each and every day. From this point forward. Names of remembrance will be read by Savannah Hembree, president of the Staff Council, Carter Marks president of the Student Government Association, and David Shipley, chair of the executive committee of the University Council. As each name is read aloud, an Art Society member will light their  candle to symbolize the life upon which we will reflect and as each name is read aloud, and as each candle is lit, a bell will toll in remembrance of the name that has been read. This sequence will continue until the last name is called. The last candle is lit and the bell has rung one final time.

 

03:44

Marianne Shockley may 13 2019 academic professional in the College of Agricultural and Environmental Sciences, Department of Entomology, Madison, Georgia. [Bell rings]

 

Penny  04:03

On March 10 2021, there was a new Grand Jury convened by the new DA Barksdale, and some of the charges have changed and the descriptions modified so I'm going to go over those differences in the new indictment versus the old one that originally happened in January 2020. The first count is still listed as felony murder. The first difference is that the date is specifically stated that the murder occurred is May 12, instead of not being able to tell the specific date and time of the offense between the 11th of May and the 12th of May. And the description and the new indictment for felony murder reads that Marcus Allen Lillard on or about the 12th of May 2019 in Baldwin County Georgia did then and there unlawfully, while on the commission of a felony to wit, aggravated assault caused the death of Marianne Shockley, a human being by choking her said act resulting in strangulation contrary to the laws of the state of Georgia, the good order peace and dignity thereof. In the original indictment the cause of death was by making an assault upon the person of Marianne Shockley with an unknown object, which when used offensively against a person is likely to or actually does result in strangulation. So, in the new indictment, they removed the object and just said that Marcus Lillard choked her and that act resulted in strangulation. Count two of the new indictment introduces a new charge of aggravated assault, which was not present in the original indictment that says Marcus Allen Lillard did then and there unlawfully assaulting other by choking her with his hands set act being likely to and did result in strangulation. If you remember back to episode seven when we had attorney Blake Brantley on the show, we were discussing felony murder and how in order to be convicted of that charge, it has to be in the commission of another felony, and that that felony would be aggravated assault. So now, the new DA has included that count in this new indictment. count three is now involuntary manslaughter. And Marcus Allen Lillard did then and there unlawfully, while in the commission of reckless conduct an unlawful act caused the death of Marianne Shockley without any intention to do so by failing to obtain emergency medical treatment for her. The difference in this charge is that in the original indictment, involuntary manslaughter was while on the commission of reckless conduct, so that was the same, but the unlawful act that caused the death of Marianne Shockley without any intention to do so was by choking and in the new indictment for involuntary manslaughter. It's by failing to obtain emergency medical treatment for her. So what has been done here in this new indictment is taken that concealing the death of another charge away, so that's no longer an offense, and that instead is being listed under involuntary manslaughter. For count four the grand jurors further charge and accuse Marcus Allen Lillard with having committed the offense of reckless conduct. He did then and there unlawfully endanger the bodily safety of Marianne Shockley by consciously disregarding a substantial and unjustifiable risk that his ommission to act to wit, failing to obtain emergency medical treatment for her would endanger her bodily safety. Whereas in the original indictment, Marcus Allen Lillard was accused of his act to wit choking the said, Marianne Shockley would endanger the safety of said persons. So count four in the original indictment was concealing the death of another has now been eliminated. And that accusation has been incorporated into these other counts. Now, it's important to note that these are accusations that the arraignment has not taken place, which is on the court's calendar for May 27 of 2021. Everyone in the United States of America is innocent until proven guilty. So these are just the charges that he is facing, when, if and when, it does go to trial. Some other changes that have taken place include his former attorney, Franklin Hogue is no longer involved with the case. Marcus Lillard does have new counsel representing him. Ashley Detweiler, Humane has filed a few motions with the court, and one that is of interest is a motion to disclose evidence favorable to the defendant under Brady. Most listeners probably think of a Brady violation in a post conviction relief scenario where the defendants already been found guilty and the attorney is looking for an appeal or to get a new trial. And the prosecution is being accused of not turning over or disclosing evidence that is either impeachable, meaning that one of the witnesses credibility could be called into question or is exculpatory. In other words, could have got the defendant off. So in this case, the motion is peremptory just trying to make sure that the prosecution does turn over all of that evidence. And so that is an important step. The motion is asking for all information and evidence in the possession of the state or prosecution, that may be materially favorable to the accused, whether it is written, typed, otherwise recorded or merely remembered. So towards the end of the motion, it states Furthermore, defendant asserts that he is entitled to information in the possession of the police department, even if unknown to the prosecution. So what they're saying here is that there have been instances in other cases where the police department might possess information, perhaps they interviewed someone, and they would the police officer would have direct knowledge. Remember that interview, but perhaps there were not notes taken or the determination was that it wasn't a credible witness or it wasn't relevant. And that information is not passed along to the prosecution. So the purpose of this motion is to gather all the evidence whether it is in the possession of the prosecution at this time. So any state agency, the sheriff's office, the GBI, or the prosecution needs to turn over that evidence in order for the defendant to be able to put on a fair and equitable defense. Another important request is a complete and detailed list of the criminal record of all the state's witnesses. So, jailhouse snitches, anyone that might be able to have their credibility, questioned based on their criminal record is the information that they're looking for. There is another podcast "Document," the first season is the list in it, and it talks about investigating cases based on the record of the arresting officer. And so you know, that might be something that they're looking for in this instance, is not just witness statements and their criminal record, but is there any credibility that might need to be questioned about any of the officers that are involved in the case, they've asked for the names and addresses of all persons who have been interviewed any individuals or agencies that are involved in the investigation, recordings, images, drawing statements, documents, I mean, the list goes on and on. One interesting notation here is whether or not any person interviewed in reference to this case or the investigation there have has in any way or manner directly or indirectly been subjected to any coercion, duress, threats, intimidation, punishment unequal treatment, discrimination, and the defendant has requested and evidentiary hearing on this motion. And if we hear anything further on the case, we will come back with some additional bonus episodes in between season one and season two.

 

13:52

Following the reading of the names, a closing prayer will be delivered by Diane Bales, a campus minister with the UGA disciples on campus, a piece that we traditionally hear at this service and titled "Going Home" will be played.

 

14:12

As we close this evening's remembrance of those in our University of Georgia community who have died in the past year or two. I would like to share these words of reflection from retired Minister William L. Wallace. Will you join me in prayer? Let us be still now and reflect on our sadness, pain and loss at the death of the special members of our community. In the mystery of love, life springs out of death. Let us remember that tears are for the washing away of grief. Hope is for the building of dreams. And love is the gentle life force that conquers death. In the mystery of love life springs out of death. There are many things in life that we cannot understand. Many things we must simply accept. May the power of love enable us not to succumb to bitterness or pointless questioning, but rather grow to live life with more tenderness, courage and purpose than ever before. May this be for us all for in the mystery of love, life springs out of death. We give thanks for these members of our community for all they meant to each one of us for laughter and tears, for sacrificial love and for life itself Amen. [Instrumental music plays]

 

17:01

Blood town is written, hosted and produced by Penny Dearmin. Audio engineering by MK sound visit our website www dot blood town podcast.com. You can also follow us on Facebook and Instagram at blood town podcast and Twitter at blood town pod. Please rate and subscribe wherever you listen to your podcasts. The investigation of Dr. Marianne Shockley's death is ongoing. If you have any information which can aid the authorities in their quest for the truth, please contact the Georgia Bureau of Investigation immediately. If you have any information related to this podcast, please email us at blood town podcast@gmail.com. We look forward to hearing from you. Thanks for listening. We'll see you next season.