EDITOR’S NOTE: This story previously stated Crawford Co. Common Please Court Judge Sean Luethold had made a decision on this case. In fact, Prosecutor Matt Crall has filed a motion opposing attorney Adam Stone’s request to dismiss charges. Leuthold has yet to rule on the motion. Richland Source made the error.

BUCYRUS — Crawford County Prosecutor Matt Crall filed a motion Friday urging the judge to deny attorney Adam Stone’s request to dismiss the murder and kidnapping charges against Frederick Saunders Jr. and Marla Saunders for the alleged murder of Frederick Saunders Sr.

According to court files, Crall used two arguments that led to the judge’s decision.

“1. If Defendant had a right to preserve the body as evidence, he slept on his rights thus directly causing the destruction of the body without his being able to independently examine the body;

2. The State of Ohio did not act in bad faith in disposing of potentially useful evidence, therefore, Defendant cannot prevail in his allegation of a Due Process Violation in this matter.”

On Tuesday, Stone filed a motion to dismiss the charges against his clients, Frederick Saunders Jr. and Marla Saunders.

Stone argued the motion for a dismissal of charges was necessary because of the prosecutor’s “authorization for the destruction of the alleged victim’s body prior to examination by a defense expert.”

According to Stone, the action violated due process and the Saunders’ rights to a fair trial.

Saunders Jr. was charged with aggravated murder, kidnapping and tampering with evidence. Marla Saunders, his wife, was charged with complicity to commit aggravated murder, kidnapping, tampering with evidence and obstructing justice.

The Saunders were indicted in October 2015 for the kidnapping and murder of Frederick Saunders Sr. Their trials, to be heard separately, are July 11-15 for Frederick Saunders Jr. and July 25-29 for Marla Saunders.

Carla Willoughby, Marla Saunders’ sister, was charged with the same charges as Marla Saunders. She pled guilty to tampering with evidence and obstructing justice in October 2015. She faces a sentencing on Wednesday, March 16.