R.D. was known for his wooden angel decorations that adorn several local homes and his wife, Tiny, sold cakes, cookies and cinnamon rolls from the couple's home.

As investigators searched for the cause of the early-morning blaze, autopsy results revealed the shocking news that the deaths were not a direct result of the fire.

A report from Jackson County medical examiners said both victims had sustained "blunt and sharp force trauma, the majority of it to the head and neck areas of the victims." The report also said the victims had been assaulted before the room in which they were found was set afire.

"How the fire started is still under investigation," the report said, "but both victims were deceased before the fire started and their deaths were a direct result of the assault."

While that staggering news was slowly being absorbed, more staggering was the news only days later that three Marshall residents, one a juvenile, and all under the age of 20, had been taken into custody for the crime.

On June 15, 2006, the juvenile, Daniel R. Berning, then 16, was certified as an adult. The other two men arrested were Lyndale D. Henderson, then 17, and Spencer T. Anderson, then 19. Each of the three will be tried separately on two counts of murder in the first degree, two counts of armed criminal action, one count of burglary in the first degree and one count of arson in the first degree.

If convicted on the murder charge, Berning and Henderson, both of whom were under 18 at the time of the crime, face life in prison without the possibility of parole or probation.

Anderson, the oldest of the three, was 19 when the crime was committed, making him eligible for the death penalty.

Berning, now 18, is the first of the three to face a jury, in a trial expected to last about a week.

Berning was granted a change of venue for jury selection; an additional motion for a change of judge was also granted. The trial begins with jury selection in Clay County Monday, May 12. Once selected, the jury will be sequestered for the duration of the trial.

A motion to suppress Berning's conversations with Saline County Justice Facility law enforcement officers following his arrest was denied in January 2008.

Circuit Court Judge Robert L. Koffman of Pettis County will preside, but the trial itself will take place in Saline County Courthouse. Assuming the jury can be seated May 12, the trial will begin Tuesday, May 13.

Christopher A. Slusher of Columbia replaced Berning's first lawyer, Robert L. Fleming, in January 2007.

Slusher filed several motions "in limine" with the court in April 2008 regarding conduct of certain aspects of the trial.

A motion in limine is a pretrial motion requesting the court to prohibit the other side (in this case, the prosecutor) from presenting or even referring to evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

A motion by Berning to suppress the use of "prejudicial photographs" of the victims in life was partially overruled and partially sustained.

Additional motions by Berning to regulate the "dress" of police witnesses, to videotape jury selection, for disclosure from the prosecutor of prior use of peremptory strikes in criminal cases and to dismiss the charge of murder in the first degree were denied.

Motions for the judge to instruct the victims' family and friends regarding "potentially inflammatory" expressions of emotion in the courtroom, and to prevent testimony concerning opinions of lack of remorse, were decided in favor of Berning.

Bernings's motion to allow him to appear in his own clothing and without visible restraints at all court appearances was also upheld in his favor.

The trial of Lyndale D. Henderson is set for July 7, also with a Clay County jury.

Spencer T. Anderson's trial will begin Sept. 22, with a Platte County jury. Motions pertaining to the death penalty in his case will be heard by Judge Koffman at 9 a.m., Friday, June 6, in Saline County.

Contact Kathy Fairchild at marshallhealth@socket.net