Copass says he’s not guilty
Published 11:29 am Tuesday, July 31, 2012
- Diane Mahaney, of Scottsville, Ky., holds a photo of her slain granddaughter Chelsey Mahaney at her home Thursday, July 26, 2012, in Scottsville, Ky. Charles Copass is charged with Chelsey Mahaney's murder. (Photo by Alex Slitz/Daily News)
FRANKLIN — An Allen County man charged with stabbing a pregnant woman to death June 11 said in court he’s innocent.
Charles Michael Copass, 34, entered a plea of not guilty Monday in the Simpson County Justice Center before 49th Judicial Circuit Judge Janet Crocker. The circuit serves Simpson and Allen counties.
Copass, 34, 441 Barren River Dam Road, is charged with killing Chelsey Mahaney, 22, and her unborn child at the residence of Lee Adler, 441 Barren River Dam Road. Mahaney had told her grandmother that she was going to get ice cream when she left their Hogan West residence down the road on the day she was killed.
Copass faces two indictments, one in connection with the June 11 homicide, and the second in connection with an
incident involving a female minor June 6, according to Allen County Circuit Court records.
In the first indictment, Copass is charged with murder, first-degree fetal homicide, first-degree robbery, tampering with physical evidence, theft by unlawful taking and second-degree persistent felony offender.
In the second indictment, Copass is charged with fourth-degree assault (minor injury), first-degree unlawful imprisonment, third-degree terroristic threatening, first-degree wanton endangerment and second-degree persistent felony offender.
The female minor identified in the second indictment sought an emergency protection order from Copass on the same day Mahaney was killed, Allen County Sheriff Jeff Cooke said.
“She was here the day we found Mahaney,” Cooke said. The emergency protection order was not considered because the female minor had made the application without a guardian or parent present. While deputies responded to the call at Adler’s house, the female minor talked with a deputy about the emergency protection order, the sheriff said.
The homicide case qualifies for death penalty consideration because in addition to murder, Copass is also charged with first-degree robbery, said 49th Judicial Circuit Commonwealth’s Attorney Clint Willis.
Copass is charged with robbery because he stands accused of using physical force on Mahaney to steal her cellphone, according to court records. Police have not disclosed a possible motive for the slaying.
“A decision on the death penalty has not been made yet,” Willis said after the hearing.
Willis will consult with Mahaney’s family members before making a decision on whether to seek the death penalty, he said.
An order was entered Monday to prevent Copass from making any contact with the female minor named in the second indictment. Copass apparently attempted to telephone the female minor from the Barren County Detention Center, Willis said.
Copass is a registered sex offender who pleaded guilty in December 2007 to two counts of third-degree rape of a then-12-year-old girl who is related to Mahaney.
Copass, missing the sideburns and beard of his previous appearance, offered his not guilty plea in a low but clear voice after he reviewed the two indictments with Patrick C. Roemer, his attorney from the Kentucky Department of Public Advocacy.
Crocker accepted the plea and told Copass that he had a right to remain silent during the proceeding.
She also swore in Copass, and he raised his manacled hand to comply. During his court appearance, Copass did not look at the audience behind him, instead concentrating on the pieces of paper Roemer was showing him.
As he left the courtroom, several people said Copass made an obscene, one-finger gesture as he walked out of the door.
Unlike his preliminary hearing, Copass did stay in the Simpson County courtroom for the entire 10-minute proceeding. It is the last proceeding in the case scheduled to be heard in Simpson County, Crocker said. All other proceedings will be in the new Allen County Justice Center scheduled to be open in September. Hearings were held in Simpson County because of security concerns.
Copass is now a state prisoner and his probation status was revoked by the Kentucky Department of Corrections on Thursday, Willis said. His bond is set for $1 million for the first indictment and $15,000 for the second indictment. As a state prisoner, he could be transferred to another location.
Crocker set a deadline for discovery motions for Nov. 30, pretrial motions for Dec. 14 and responses to those motions Dec. 28. A pretrial conference is scheduled for Jan. 15.
Several Mahaney family members attended the Monday hearing, many wearing T-shirts with Chelsey’s face on them.
One shirt said “Gone but not forgotten,” and the other said “I’m just jealous of the angels around the throne tonight.” Each T-shirt had the woman’s birth date and the date of her death imprinted. Many of the family members also wore pale blue ribbons that contained a handprint and footprint.
Chelsey Mahaney’s grandmother, Diane Mahaney, received several hugs from family members after the proceeding.
“All they need to do is sentence him,” Diane Mahaney said. “Save the taxpayers some money.”
Lisa Frost, Diane Mahaney’s sister-in-law, said the court proceeding Monday was a start.
“I know that it is a start to justice,” she said. “But no matter what the justice of the law is for him, it will not bring Chelsey back.”
Bobby Frost, Lisa Frost’s husband, said the murder case has even impacted on Natalie Grant, 2, Sabrina and Daniel Grant’s daughter and the Frosts’ granddaughter.
The little girl was looking up in the sky Saturday and told the Frosts, “Chelsey’s not happy ’cause the baby’s dead. God’s got the baby. Tell Chelsey to go to the baby.”