Ariel Castro Indicted on 329 Counts of Rape, Kidnapping

He was arrested, May 6, after Berry broke free and yelled for help; neighbors were able to help her and also set free DeJesus and Knight.

The investigation continues, said McGinty. When the indictment process is completed, the county prosecutor's capital review committee will weigh whether the case is appropriate for seeking the death penalty.

Cuyahoga County prosecutor Tim McGinty went on to say the indictment only covers the time period of August 2002, when Berry first disappeared, to February 2007.

"The law of Ohio calls for the death penalty for those most depraved criminals, who commit aggravated murder during the course of a kidnapping," he added.

Berry told officers she was forced to give birth in a plastic pool in the house in order to make the clean up easier. Berry also said she, her daughter and the two other women had never been to a doctor during their captivity.

Castro is being held on $8 million bail and has been taken off suicide prevention watch said jail officials this week.