HUNTSVILLE, Ala. - The south Huntsville man charged in the 2013 deaths of his wife and 7-year-old son has entered a not guilty plea. Stephen Marc Stone is charged with capital murder. His trial is set to begin on January 28.
"Mr. Stone is accused of killing his wife and 7-year-old son back about six years ago, February of 2013," said Tim Gann, chief trial attorney for the Madison County District Attorney's Office.
The prosecution is seeking the death penalty for Stone for the deaths of Krista and Zachary Stone. During a court hearing Thursday, prosecutors listed the legal basis for seeking the death sentence.
"The aggravators are the fact that two or more people were killed in one incident and the fact that a child less than 14-years-old was killed," Gann said.
The court still has to decide on a defense request to throw out Stone's alleged confession to police. Stone's attorneys argue he is not guilty by reason of insanity and they say Stone wasn't capable of consenting to a police interview.
"That Mr. Stone did not have a full understanding of the rights that he was giving up before he began talking to investigators," said defense attorney Larry Marsili.
The case has taken years to reach this point after Stone was found not competent to stand trial. He was ordered into treatment and last year the court judged he was competent for trial.
"It's been a long hard road. I know the families are ready to get this over with. I know that we are ready to get this going and get it over with. It's been a long time like I said, six years. It's time that this case goes to trial," said Gann.
Judge Donna Pate said Thursday the jury will be selected from a pool of 80 Madison County citizens.