Tahoe stabbing death case: Mary Baymiller waives preliminary hearing
February 10, 2010
INCLINE VILLAGE, Nev. and#8212; Mary Arlayne Baymiller, accused of stabbing her husband Charles Baymiller to death during an October incident at the couple’s Lake Tahoe home, waived her right to attend a preliminary hearing Wednesday.
Baymiller’s waiver means the next step is an arraignment at district court in Reno, said James V. Mancuso Justice Court Judge Alan Tiras, where Baymiller and her attorney, Tom Viloria, will enter a plea.
A spokesperson for Deputy District Attorney Elliott Sattler’s office said a date has yet to be established for the arraignment.
Phone calls made to Viloria’s office went unreturned.
Tiras said it is common for a defendant to waive rights to a preliminary hearing, as the prosecution’s burden of proof is significantly lower than at trial.
and#8220;Typically, it is relatively easy for the prosecution to provide enough evidence to bind the matter over to district court,and#8221; said Tiras.
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No plea is entered during the preliminary hearing, Tiras said, as the hearing takes place on the justice court level, and a criminal complaint has yet to be filed. The hearing was to take place at the James V. Mancuso Justice Court.
Mary Baymiller, 73, was arrested by U.S. Marshals at her residence in Fresno, Calif., at the request of the Washoe County Sheriff’s Office on Jan. 20, 2010, in the alleged connection with the Oct. 5, 2009, stabbing death of her husband, Charles Alan Baymiller, 73, at the couple’s home on the 1000 block of Lakeshore Drive in Incline Village.
Mary Baymiller and#8212; who was 72 at the time of the incident and#8212; has been charged with one count of open murder with use of a deadly weapon. Charges are considered and#8220;openand#8221; when they are not categorized, as in first-degree or second-degree murder, or voluntary or involuntary manslaughter.
Further updates on the case will be provided on http://www.tahoebonanza.com throughout the day.