BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON -- Franklin Saunders, who is accused of kidnapping and killing his ex-girlfriend, might be tried by a three-judge panel.
At the request of Mr. Saunders' defense attorneys, John Moser, the presiding Butler County Common Pleas judge, appointed Tuesday a prospective three-judge panel for the Feb. 8 trial.
If Mr. Saunders waives his right to a jury trial, the panel hearing the case would be Judge H.J. Bressler, who is now handling the case, and Judges Matthew Crehan and Michael Sage.
Each judge's availability for the trial could later cause changes in the panel, Judge Bressler said.
Mr. Saunders, 39, of Blue Ash, is accused of dragging ex-girlfriend Lisa Weber, 39, of Fairfield, into his car on June 9 and shooting her to death in woods off Muhlhauser Road in Butler County's Union Township.
He is charged with aggravated murder, kidnapping and violating a previous court order not to have weapons. If convicted, he could face the death penalty.
He originally pleaded not guilty by reason of insanity. But after changing attorneys, he switched his plea last week to not guilty.
If a three-judge panel hears the case, a conviction would require a unanimous vote by the panel.
In other issues, Judge Bressler granted Mr. Saunders the right to have a court-paid mitigation expert for up to $6,000 to assist in his defense.
He said he will rule on a money limit for a court-paid psychologist when defense attorneys decide on a psychologist they might want for the trial.
Mr. Saunders' financial assets have been frozen because of a $1 million wrongful death lawsuit filed by Ms. Weber's family members.
Defense attorneys Greg Howard and Craig Hedric asked the judge to require Mr. Saunders to be given a bullet-proof vest to wear whenever he is brought to court.
But Judge Bressler denied their request.