Three witnesses testified that they had seen Cheryl Lewis, prior to her disappearance, either with or in the proximity of defendant Russell Ellwood. On February 2, 1993, Cheryl Lewis was reported missing by her mother, Lillian Lewis. Defendant filed a timely motion for appeal, which was granted by the trial court. On August 17, 1999, defendant was sentenced to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. A three day trial began on June 8, 1999, which concluded in a unanimous jury finding that the defendant was guilty as charged. At that time, defendant pled not guilty to the charge of second degree murder of Cheryl Lewis.īecause of extensive pre-trial publicity, the trial court granted defendant's motion for a change of venue from St. With his attorney present, defendant was arraigned on the amended indictment on April 9, 1998. The indictment was also amended to allege that Cheryl Lewis was murdered “on or between Januand February 9, 1993”. Approximately one year later, on March 2, 1999, the state entered a nolle prosequi as to count one of the indictment regarding Delores Mack. On April 9, 1998, defendant was arraigned and entered a plea of not guilty on both counts. Count one charged Ellwood with the murder of Delores Mack, and count two charged Ellwood with the murder of Cheryl Lewis. McPherson, McPherson & Schillesci, New Orleans, Louisiana, for defendant/appellant.ĭefendant, Russell Ellwood, was charged by indictment on March 23, 1998, with two violations of second degree murder in violation of LSA-R.S. Piker, Assistant Attorney General, Department of Justice, Criminal Division, Baton Rouge, Louisiana, for plaintiff/appellee. Panel composed of Judges SOL GOTHARD, SUSAN M. Court of Appeal of Louisiana,Fifth Circuit.
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