Two years on, accused killer's trial of prominent local attorney stalled
- Jamie Duffy
- 2 hours ago
- 4 min read
ALLEN COUNTY, Ind. ---Two years ago in February, northeastern Indiana woke up to the shocking news that one of its most highly respected criminal defense attorneys had been killed at her home in Grabill.
When the probable cause affidavit surfaced, there was even more shock that Marcia Linsky’s boyfriend of a year, Charles Calvert, was accused and charged with stabbing her in the neck several times, nearly severing her right thumb, and cutting up her lips.
Calvert, now 62, blamed Linsky for provoking the assault by being “aggressive” and criticizing him for the way he was cutting onions. Apparently they were working on a stew, according to a probable cause affidavit submitted by Det. Cpl. Gabe Furnish of the Allen County Sheriff’s Department.
He claimed that she shoved the crock pot and came at him with a knife that he grabbed in a defensive move.
Since his arrest for the homicide on Feb. 3, 2024, he has struggled to find a defense attorney who will stick with him.
Initially, Calvert hired Indianapolis criminal defense attorney John Lawrence Tompkins and a special judge, Steven Clouse, at the Noble County Superior Court, was appointed to preside over Calvert's trial. Linsky was known and had likely worked with the entire legal community in Allen County. Many of them were long time friends.
Read related article here:
“We talked every morning at 5 a.m.,” Allen County Chief Public Defender William Lebrato said Tuesday. “She was working for me when she was murdered, plus (she was) one of my closest friends.”
Lebrato said he “conflicted” his entire staff from working on Culvert’s defense.
In her 30 plus years working as an attorney here, she’d been a prosecutor, a magistrate, a public defender and a private attorney.
The trial has been rescheduled a few times since the first time it was set for June 2024. Then it was moved to July 2024 and then, January 2025.
According to online documents, the trial was then pushed to April of last year with a hearing in March. Tompkins appeared in court via telephone and Clouse gave Calvert until April 7 to enter a plea agreement. That didn't happen.
A year ago, four doctors were evaluating Calvert for competency and his lawyer wanted out. In May, Calvert, who was busy filing motions on his own, filed for a public defender outside Allen County. Court observers speculated he’d run out of money. Defense attorneys easily cost $25,000 for a murder trial.
Tompkins withdrawing was contingent on the appointment of a public defender so he was still around in June when the trial was rescheduled, yet again, for November.
The name of an Anderson-based attorney, Spenser G. Benge, appeared alongside Tompkins. In September, the trial was moved to the date everyone in the courthouse was waiting for: May 11, 2026.
Only that’s now been voided and once again, a new trial has been set to start Sept. 28.
In January, among the myriad motions filed by Calvert even though he's not supposed to because he has legal representation, he filed for an insanity plea. Three days later, Benge filed for payment of attorney fees.
In February, Benge wanted out, too, but has to wait until a public defender is appointed.
A court hearing took place on March 16 and another attorney’s name is popping up, that of Andrew Maternowski, another Indianapolis-based attorney.
But it’s not clear what his status is - public defender or retained?
Chief Counsel Tesa Helge who is representing the state with Chief Deputy Prosecutor Tom Chaille told The Probable Cause Tuesday that on March 16 a continuance was filed on the defense side for a new public defender.
Allen County Prosecutor Michael McAlexander said in an email Tuesday that there is a public defender list used around the state when a special public defender is needed.
The selection process is “similar to a senior judge or special prosecutor,” McAlexander said.
Two years on, and the panicky filing continues on Calvert’s part.
He’s been the prime suspect since he called 9-1-1 around 8:30 that night reporting that his girlfriend “had come at him with a knife” and that she was “no longer with us.”
Detectives immediately had their suspicions including the crime scene that appeared to be staged with two knives placed neatly at Linsky’s side. The serrated knife was bloody, the court document said. The other knife was clean.
The story of the onions smelled.
There was an onion peel in the garbage but “no chopped onions anywhere in the kitchen” where Linsky’s body lay.
They found men’s pants and a shirt with what appeared to be blood on the kitchen island; the crockpot was on the floor with cracked glass and the contents spilled all over.
Scuff marks on the floor indicated a struggle toward the dining room with blood spatter on the wall there. More holes in Linsky’s shirt made detectives believe she had additional stab wounds.
Detectives came to the opinion that Calvert, the suspect, showered himself before he called 9-1-1. They found blood, some blood, in the master shower and his clothes appeared clean.
During the call, Calvert made odd remarks.
“How old are you,” the dispatcher asked. “Old enough to know better but youn….60.”
Even stranger: “she parked her car outside of the garage, she never parks her (car) outside,” and “She bought bleach today, she never buys bleach, in the year I’ve been with her she’s never bought bleach.”
Calvert warned them off the dogs in the back bedroom and said he had a cut on him.
Lebrato said he’s trying not to pay attention to the case.
“It just brings back bad memories. The detectives and Tesa called me when they showed up at the scene. (It) breaks my heart.”