Yana Huss Murder Case and Memorial Fund

[RiverRat]

PUNTA GORDA — A local man convicted earlier this month of fatally stabbing his estranged wife wants a new trial, claiming the inclusion of the videotaped testimony of a key state witness should have been scrutinized further before it was played for jurors.

Scott Huss was found guilty Dec. 3 of seconddegree murder in the 2007 death of Yana Huss. The Russian-born woman was killed on April 25, 2007. She was 31.

Scott Huss is slated to be sentenced next month. Prosecutors plan to seek the maximum penalty — life in prison.

In a motion filed last week, defense attorney Thomas Marryott argues that his client was prejudiced by the use of the deposition testimony of Yana’s young son, Petir Shalin.

The then- 8-year-old boy told investigators that he saw Scott Huss — his thenstepfather — stab his mother while she was in the laundry room of the family’s former Rickover Street home in Port Charlotte.

Petir resides with his maternal grandmother in his native Russia. He did not attend Scott Huss’ trial earlier this month.

Instead, prosecutors played the boy’s videotaped deposition, which was taken six months after his mother’s death, at trial.

The state procured Petir’s October 2007 deposition in case he was unable to return to testify in person, according to court records. While Petir’s grandmother initially agreed to fly back with her grandson for trial, their cooperation ceased as the case became mired in multiple delays and continuances.

The defense claims in its motion for a new trial that prosecutors did not properly show that Petir was “unavailable for trial.”

The use of the videotaped testimony rather than “in-person testimony” was prejudicial against Scott Huss, the motion states.

Marryott also argues that a new trial is warranted because the defense was “prevented from introducing evidence of the involvement of the Russian underground as part of its theory of defense,” the motion states.

Defense expert John Sampson, a former investigator with the U.S. Department of Immigration of Customs Enforcement and Homeland Security, was limited in his testimony in trying to link the Russian mafia to Yana’s death."

[RiverRat]

Nothing like Breaking a Mother's Heart AGAIN and ruining Christmas, You Grinches!!!

[Moab]

Originally Posted by RiverRat

Nothing like Breaking a Mother's Heart AGAIN and ruining Christmas, You Grinches!!!

WTF???

They want do-overs because they lost? Where's my Glock!

[Elle_1]

Originally Posted by RiverRat

Nothing like Breaking a Mother's Heart AGAIN and ruining Christmas, You Grinches!!!

Oh no! Surely they are up the creek asking for a "new trial" RR?

[RiverRat]

I knew in my heart that this would happen, but pushed it aside during the trial. after witnessing the intentional PAIN that Scott inflicted on his own biological children, there's no way he was going to leave Petir be.

Judge D has been transferred and the Huss Sentencing will be his last case in Charlotte County. I am hanging my hopes on him shooting down this Motion before he leaves this Bench.

RR

[Moab]

Originally Posted by RiverRat

I knew in my heart that this would happen, but pushed it aside during the trial. after witnessing the intentional PAIN that Scott inflicted on his own biological children, there's no way he was going to leave Petir be.

Judge D has been transferred and the Huss Sentencing will be his last case in Charlotte County. I am hanging my hopes on him shooting down this Motion before he leaves this Bench.

RR

Just because you don't like the decision, doesn't mean you get to have a do-over! What an A-hole!

[Cherokee]

Originally Posted by RiverRat

I am hanging my hopes on him shooting down this Motion before he leaves this Bench.

Me, too! Grrrrrrrr. This makes me so mad, but I'm not surprised Scott is going for an appeal. The appeal premises are very flimsy, but of course, he'll try anything to keep from paying the consequences of what he did. Textbook sociopath.

[RiverRat]

The FIRST thing that Marryott did after Scott was pronounced GUILTY was to enter on record that he would be filing an appeal - standard I know...but I guess I should appreciate the fact that he didn't say then on what grounds so that we could Celebrate The Verdict, but I knew why...after the multiple delays and cancelled travel arrangements, the emotions Yana's family had to face because it Was Time only to be informed at the last minute that another excuse provided another delay - well - it took it's Toll...even I did not believe that the Trial was actually going to Go when it finally did!!!

I refuse to believe that this is going to change the Verdict and I am eagerly awaiting Sentencing Day!

Justice for Yana & Family~
RR

[zoomama]

Oh, I so hope so too!

[koldkase]

While we know our legal system is full of more holes than a rusty colander, I believe this "appeal" issue is not going to amount to much. Y'all do know attorneys get paid for working, right? Filing an appeal is par for the course. Notifying the court he would be doing so was standard procedure for Scott's attorney, because if you don't get it into the record that limits your ability to do so--for some reason I can't remember.

The video testimony is solid. There is legal precedent, for one thing. I don't think Scott's attorney is going to be able to overturn that when he's the one who caused all the delays in the trial date to start with.

But as I've said before, there is plenty of evidence to convict Scott without the child's testimony. So an appeal court is going to look at that, as well. Trials aren't cheap. Unless there is some actual legal issue which took place during trial, one that doesn't have a solid precedent, it would be shocking to see an appellate court overturn the conviction of a man whose own children testified against him, giving damning evidence that proved, along with all the forensic evidence, beyond any doubt that he committed the crime.

Appellate courts do not like to overturn lower court verdicts. Really, they don't. But especially when there is a cold-blooded killer wasting everyone's time because, coward that he is, he isn't man enough to stand up and tell the truth and admit to his own murderous rage.

I don't see this appeal going anywhere for this repulsive waste of space.

[Elle_1]

Originally Posted by koldkase

Where would we send money?

I was wondering this too RR and KK(?). I left PayPal a long time ago. I had such a run around with them.

[koldkase]

Originally Posted by Elle_1

I was wondering this too RR and KK(?). I left PayPal a long time ago. I had such a run around with them.

Oh, Elle, how kind of you to ask, but you may not have noticed the fundraising took place back in 2007. Yana's mother and children have gone back to Russia now. Some generous people helped them out and all was taken care of, so that is all over.

Again, thanks for asking.