Murder trial for Avenel resident set for next week BY KATHY CHANG Staff Writer NEW BRUNSWICK - The trial of an Avenel man accused of fatally shooting two Russian men in 2003 is expected to start on March 28 with jury selection. Michael E. Ross Jr, 23, formerly of Chestnut Avenue, was indicted by a Middlesex County grand jury on Oct. 31, 2006, on two counts of first-degree murder, one second-degree count of possession of a weapon for an unlawful purpose, one third-degree count of unlawful possession of a weapon, and one count of hindering his own apprehension. The trial is expected to last a month. State Superior Court Judge James Mulvihill, sitting in New Brunswick, heard two motions- one by the state and one by the defense - on March 12. Assistant Prosecutor Julie Davidson motioned to eliminate mention of two packets of cocaine that were found outside the victim's vehicle. "This crime is not a drug deal gone bad and the drugs are unrelated and irrelevant to the crime," said Davidson. "These [victims] were shot to death because of mistaken identity." Trace amounts of drugs were found in Sergey Barbashov's system. "The two packets most likely fell out of [Sergey] Barbashov's pockets as the EMS technician took him out of the vehicle," said Davidson. "This will only sully the characters of the two victims." However, Mulvihill denied the state's motion to eliminate mention of the two packets of heroin found at the crime scene because the two packets were part of the crime scene and the trace amounts found in the victim's system would be part of the autopsy report. Defense Attorney John Koufos motioned to reveal the identity of the concerned citizen who named Ross as the person who shot the two victims. "This crime happened on October 30, 2003, and the concerned citizen picked [Woodbridge Township] then-Patrolman Christopher Lyons out of all police officers to name Ross as the person the week of November 1, 2004," said Koufos. The defense attorney said that after the citizen's statement to police, all cards were focused on Ross. "For a year, police were looking at this crime as a Russian-on-Russian crime, and nothing involved Ross," he said. "We feel that the statement by the citizen could be disingenuous." Mulvihill denied the defense's motion, since the policy to protect confidential informants is held to the highest degree. Ross' father, sister and friend were also charged with witness tampering after Ross was charged with the two murders. Michael E. Ross Sr., 61, and Rasheena Ross, 22, of Chestnut Avenue in Avenel, were charged with third-degree charges of witness tampering; however, the grand jury did not indict them on the charges. Nicholas Simeon, 19, of Avenel, was charged with second-degree charges of witness tampering; however, his case ended in acquittal last year. "It is our position as evidence by Nicholas Simeon's acquittal and the fact that the grand jury refused to indict Michael Ross Sr. and Rasheena Ross, that the state has the wrong person inMichael Ross Jr.," said Koufos. Ross, known as "Sixty," was arrested and charged on Sept. 11, 2006, at Mid-State Correctional Facility in Wrightstown, in connection with the deaths of Aleksy Bautin, 26, Forest View Drive, Avenel, and Sergey Barbashov, 21, Edison, authorities fromthe Middlesex County Prosecutor's Office said. He was already serving an 18-month prison sentence since March 29 for aggravated assault and theft charges, according to the state Department of Corrections authorities. Ross pleaded not guilty to the two counts of murder and two counts of weapons charges at his arraignment Oct. 5. He is being held on $1.55 million bail with no 10 percent option. Both men were found shot to death in the front seat of a red 1999 Volkswagen parked near the Forest View apartments. Each man had been shot several times, according to authorities. The arrest came after witnesses' statements and a "tireless investigation" by Detective Christopher Lyons of the Woodbridge Police Department and Investigator Mark Clements of the Prosecutor's Office, authorities have said. Police were dispatched to Yardley Avenue inside the apartment complex at 10:58 p.m. on Oct. 30, 2003, after a resident called police about gunshots in the area, according to police reports. Bautin, a computer programmer for TheaterMania in New York City, was pronounced dead at the scene only a few hundred feet from his parents' third-floor apartment. Barbashov died several hours later on Oct. 31, 2003, at the University of Medicine and Dentistry of New Jersey (UMDNJ) in Newark. He was employed by Olger Motors in Bridgeton. Ross faces up to 30 years to life in prison if convicted of the murder charges, authorities said.