Saturday, May 27, 2006
Dirksmeyer Developments
The Russellville Courier notes the latest development in the December murder of an Arkansas Tech student and local beauty queen.
This is some interesting lawyering on the part of Jones' attorneys, Kenneth Johnson and Michael Robbins. It is a fact that the media interest has been international in scope. A beautiful young woman was murdered in a most viscous and deliberate fashion during what is generally observed as the "holiday season." The circumstances beg comment.
The Courier quotes the "motion to curtail abuse of due process, or, in the alternative, for gag order," which was filed May 18.
My take?
You can't unring the bell and the publicity, for better or worse, is already out there. This case will be closely watched and discussed for many years.Jones' lawyers are building a record alleging prosecutorial abuse and prejudicial coverage for a possible appeal in the event of a conviction.
If I understand correctly, and I could be wrong, a successful change of venue motion would get the trial moved to Clarksville. So what?
The Courier has probably already gotten all the mileage it can expect from the DA and cops, so that gag order will be mostly moot.
It seems to me that investigators and prosecutors have displayed enormous professionalism and restraint.
Mr. Jones is entitled to the presumption of innocence and the assistance of counsel. It looks like the system is working.
For various reasons explained in a six-page document filed in the Pope County Circuit Clerk's office recently, the attorneys of Kevin Jones -- accused in March of murdering his girlfriend Nona Dirksmeyer -- have requested a gag order be placed on any official connected with the case, or otherwise have the case dismissed altogether.
This is some interesting lawyering on the part of Jones' attorneys, Kenneth Johnson and Michael Robbins. It is a fact that the media interest has been international in scope. A beautiful young woman was murdered in a most viscous and deliberate fashion during what is generally observed as the "holiday season." The circumstances beg comment.
The Courier quotes the "motion to curtail abuse of due process, or, in the alternative, for gag order," which was filed May 18.
"Since the beginning of the case, the local newspaper, the Russellville Courier, has published in excess of 30 articles concerning this matter and continues to publish articles on a regular basis. A number of recent articles have included a number of unfair, untrue, and prejudicial comments from lead detective Mark Frost of the Russellville Police Department," the motion stated, referring to Courier articles published on May 14 and May 16 titled "Insight into a murder case" and "Murder investigation: Detective defines his role."
In both articles, Frost consented to discuss details with The Courier about how the murder investigation was handled, and not about any unreleased evidence in the case.
My take?
You can't unring the bell and the publicity, for better or worse, is already out there. This case will be closely watched and discussed for many years.Jones' lawyers are building a record alleging prosecutorial abuse and prejudicial coverage for a possible appeal in the event of a conviction.
If I understand correctly, and I could be wrong, a successful change of venue motion would get the trial moved to Clarksville. So what?
The Courier has probably already gotten all the mileage it can expect from the DA and cops, so that gag order will be mostly moot.
It seems to me that investigators and prosecutors have displayed enormous professionalism and restraint.
Mr. Jones is entitled to the presumption of innocence and the assistance of counsel. It looks like the system is working.
