Two women will get to argue that a plea deal in a murder case from 2 years ago holds over to their own. Circuit Judge John M. Madonia said yesterday he would allow motions to dismiss charges against 64 year old Joyce Gill and her daughter 39 year old Jewell Maul to be readmitted and proceed to an evidentiary hearing, according to the Journal Courier.
The two are charged with financial exploitation of an elderly person. They are accused of making $39,449 in transactions from the bank account of 88 year old Norma Notson whom they were charged with taking care of. Their attorneys argue the women cannot be prosecuted, though, because of an oral agreement between then-special prosecutor Ed Parkinson and Gill’s husband, Robert Gill. The agreement was part of a plea deal in Robert Gill’s first-degree murder guilty plea in the 2015 shooting death of Andrew Maul, who was Jewell Maul’s ex-husband. Robert Gill plead guilty to the shooting in 2017 and is serving 49 years in prison for the murder. The agreement allegedly stipulated there would be no charges brought against the two women resulting from the investigation into the shooting as well as no further investigation into Notson’s case.
At a hearing in September, Madonia denied the conclusion that the two could not be prosecuted and scheduled the cases against the women to move forward. He believed new special prosecutor Matthew Goetten originally had filed the charges against the women and could not be held to another prosecutor’s agreement. Madonia has learned since through discovery documents and motions to reconsider that Goetten and Parkinson filed the charges together. The motions to reconsider the dismissal maintained Goetten and Parkinson are representatives of the same office and are “bound by the verbal agreement.” Goetten contends that the plea agreement is not enforceable in the case, according to a report by the Journal Courier. Goetten would not communicate further on the case with WLDS News via email yesterday after the hearing.
An evidentiary hearing has been set for January 9th during which the court has called on Parkinson and Robert Gill’s attorney, W. Scott Hanken to testify on the oral plea agreement.