Marsh Investigation Lies in the Hands of Lubbock DA
By: Sarah Hurwitz
Updated: November 29, 2012
AMARILLO -- He's charged with 11 counts, stemming from sexual assault allegations.
Now, the case is changing hands.
The Stanley Marsh 3 criminal case will not be decided in Amarillo.
It's in the hands of the Lubbock District Attorney because of a legal technicality
Last night Marsh turned himself into the police and later got out of jail on a $300,000 dollar bond.
Again he faces eleven charges ranging from sexual performance by a child, to sexual assault of a child.
But the case is no longer in the hands of the Amarillo district attorney.
During the Marsh investigation the 47th District Attorney's Office recused itself from the case.
The reason?
District Attorney Randall Sims is a witness in the case.
We asked if it was was it something that someone said.
Here's what Sims had to say:
"I won't talk about the facts of the case. I try to avoid being caught in a position of having to be a witness in a case unfortunately I got put in that position this time, and it was before I realized that it was a Potter County case it was too late," 47th District Attorney, Randall Sims said.
He said in any case like this, the District Attorney's Office will only recuse itself if the DA is a witness, not any other member of his staff.
Amarillo Police Lieutenant Martin Birkenfeld says they aren't investigating any possible victims in Lubbock.
"There's no connection and if there is a victim that lives in Lubbock we don't know that for sure, I mean there could be I'm not saying there's not. But there's no direct correlation between the Lubbock District Attorney's office being connected to the case other than the fact that the 47th District Attorney's Office couldn't," Birkenfeld said.
As the investigation continues, the defense claims Marsh's innocence and that the civil cases were merely a get-rich scheme.
"Stanley Marsh 3 is not guilty of the accusations made by this group of men who have sued him and are seeking money," Marsh's Attorney, Paul Nugent said.
The prosecution says that they have evidence that abuse happened several times during 2010 to 2011.
Birkenfeld says they're now in the process of interviewing more of the alleged victims who have come forward.
They'll re-count stories from alleged victims and find out the age they were when the alleged crimes occurred.
The Lubbock District Attorney's Office also plans to take the case to a grand jury to take another look at it.
In this instance we saw several civil cases come before the criminal charges.
They say the initial report of possible child sex exploitation came back in July.
Sergeant Brent Barbee says getting evidence and statements is a time consuming process.
That's why it took so long to file charges against Marsh.
Many times an investigation can be held up by just one person or piece of evidence.
Now, the case is changing hands.
The Stanley Marsh 3 criminal case will not be decided in Amarillo.
It's in the hands of the Lubbock District Attorney because of a legal technicality
Last night Marsh turned himself into the police and later got out of jail on a $300,000 dollar bond.
Again he faces eleven charges ranging from sexual performance by a child, to sexual assault of a child.
But the case is no longer in the hands of the Amarillo district attorney.
During the Marsh investigation the 47th District Attorney's Office recused itself from the case.
The reason?
District Attorney Randall Sims is a witness in the case.
We asked if it was was it something that someone said.
Here's what Sims had to say:
"I won't talk about the facts of the case. I try to avoid being caught in a position of having to be a witness in a case unfortunately I got put in that position this time, and it was before I realized that it was a Potter County case it was too late," 47th District Attorney, Randall Sims said.
He said in any case like this, the District Attorney's Office will only recuse itself if the DA is a witness, not any other member of his staff.
Amarillo Police Lieutenant Martin Birkenfeld says they aren't investigating any possible victims in Lubbock.
"There's no connection and if there is a victim that lives in Lubbock we don't know that for sure, I mean there could be I'm not saying there's not. But there's no direct correlation between the Lubbock District Attorney's office being connected to the case other than the fact that the 47th District Attorney's Office couldn't," Birkenfeld said.
As the investigation continues, the defense claims Marsh's innocence and that the civil cases were merely a get-rich scheme.
"Stanley Marsh 3 is not guilty of the accusations made by this group of men who have sued him and are seeking money," Marsh's Attorney, Paul Nugent said.
The prosecution says that they have evidence that abuse happened several times during 2010 to 2011.
Birkenfeld says they're now in the process of interviewing more of the alleged victims who have come forward.
They'll re-count stories from alleged victims and find out the age they were when the alleged crimes occurred.
The Lubbock District Attorney's Office also plans to take the case to a grand jury to take another look at it.
In this instance we saw several civil cases come before the criminal charges.
They say the initial report of possible child sex exploitation came back in July.
Sergeant Brent Barbee says getting evidence and statements is a time consuming process.
That's why it took so long to file charges against Marsh.
Many times an investigation can be held up by just one person or piece of evidence.
