Conrad seeks to limit murder case evidence
By Kat Russell, Reporter
The Paducah Sun
December 5, 2015
http://www.paducahsun.com/news/local/120515_PS_Conrad_Motions
Jeffery Conrad, the Benton man accused of murder in the shooting death of Garlon Casey Cox, 30, appeared in court Friday in Paducah to present arguments for seven motions he and his attorney filed earlier this week.
Most notable were the request for individual jury selection, as well as motions to exclude certain autopsy photos and Conrad's affiliation with a group known as the "Three Percenters" from trial.
On the motion requesting individual jury selection, Conrad contended "individual questioning is necessary because the virtual certainty that many perspective jurors will have prior knowledge of the facts of this case due to pretrial publicity."
The defense's concern is if potential jurors are together when questioned regarding what they've heard about the case, the jury pool will be tainted.
Conrad's attorney, Doug Moore, requested jurors be questioned individually either outside the presence of other jurors or in the judge's chambers to prevent the rest of the jury pool from hearing what is said.
In its response, the commonwealth argued the motion should be denied because "individual voir dire is only allowed in death penalty cases."
Because Conrad is not facing the death penalty, Commonwealth Attorney Dan Boaz said, other measures should be taken to ensure the jury selection process results in a fair and impartial panel.
Circuit Judge Tim Kaltenbach denied the defense motion, but said he will consider other options during the selection process if necessary.
Kaltenbach also tabled Conrad's request that certain autopsy photos be excluded from trial, saying he would rather decide on admissible evidence during the proceeding, which is scheduled to begin March 16.
The defense had requested three photos be excluded that graphically illustrate the trajectory at which the bullet entered Cox's skull.
In the motion, Moore argued the photos were "gruesome, repulsive unnecessarily prejudicial and lacking probative value."
Boaz countered, saying "a photograph, otherwise admissible, does not become inadmissible simply because it is gruesome and the crime is heinous."
In his response, Boaz stated he plans to present the photographs coupled with testimony from the state medical examiner to illustrate "the cause and manner of the victim's death."
Finally, the defense requested that Conrad's affiliation with a group known as the "Three Percenters" be deemed inadmissible, due to its having "no relevance" regarding the events on March 16 that led to Cox's death.
The "Three Percenters" is an organization that seeks "to restore a limited Constitutional government to the people of the United States in keeping with the principles of our founding fathers," according to the group's Facebook page.
The group's website states its mission is to "give our members the capabilities and resources necessary to execute military strategies to defend against foreign and domestic enemies," and "provide the capability to combat any threat, force, or occupation whose purpose is to gain, sustain, and exploit comprehensive control over land, resources, and the people of the United States of America."
Moore stated in his motion that the Commonwealth and the court have already used Conrad's affiliation with the group to deny him a reasonable bond without explaining its relevancy.
By introducing said information, Moore stated "the prejudice Conrad would suffer â ¦ is glaringly apparent."
In his response, Boaz argued Conrad's membership in such a group could speak to his state of mind during the shooting.
"The 'Three Precenters' â ¦ are an anti-government group who believe that they are the rightful enforcers of the law," the response states. "The tone of this organization is that of an undercurrent of violence against those who commit any crimes."
Boaz argued that because Cox was shot after Conrad caught him stealing from his storage unit, the defendant's association with such a group should be considered relevant.
Kaltenbach withheld a decision, saying he needed to research possible precedent before deciding.
Both sides were also given time to file additional responses for the judge to consider, all of which must be in by Dec. 18.
Conrad is scheduled to appear for a final pretrial conference on Jan. 29.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Most notable were the request for individual jury selection, as well as motions to exclude certain autopsy photos and Conrad's affiliation with a group known as the "Three Percenters" from trial.
On the motion requesting individual jury selection, Conrad contended "individual questioning is necessary because the virtual certainty that many perspective jurors will have prior knowledge of the facts of this case due to pretrial publicity."
The defense's concern is if potential jurors are together when questioned regarding what they've heard about the case, the jury pool will be tainted.
Conrad's attorney, Doug Moore, requested jurors be questioned individually either outside the presence of other jurors or in the judge's chambers to prevent the rest of the jury pool from hearing what is said.
In its response, the commonwealth argued the motion should be denied because "individual voir dire is only allowed in death penalty cases."
Because Conrad is not facing the death penalty, Commonwealth Attorney Dan Boaz said, other measures should be taken to ensure the jury selection process results in a fair and impartial panel.
Circuit Judge Tim Kaltenbach denied the defense motion, but said he will consider other options during the selection process if necessary.
Kaltenbach also tabled Conrad's request that certain autopsy photos be excluded from trial, saying he would rather decide on admissible evidence during the proceeding, which is scheduled to begin March 16.
The defense had requested three photos be excluded that graphically illustrate the trajectory at which the bullet entered Cox's skull.
In the motion, Moore argued the photos were "gruesome, repulsive unnecessarily prejudicial and lacking probative value."
Boaz countered, saying "a photograph, otherwise admissible, does not become inadmissible simply because it is gruesome and the crime is heinous."
In his response, Boaz stated he plans to present the photographs coupled with testimony from the state medical examiner to illustrate "the cause and manner of the victim's death."
Finally, the defense requested that Conrad's affiliation with a group known as the "Three Percenters" be deemed inadmissible, due to its having "no relevance" regarding the events on March 16 that led to Cox's death.
The "Three Percenters" is an organization that seeks "to restore a limited Constitutional government to the people of the United States in keeping with the principles of our founding fathers," according to the group's Facebook page.
The group's website states its mission is to "give our members the capabilities and resources necessary to execute military strategies to defend against foreign and domestic enemies," and "provide the capability to combat any threat, force, or occupation whose purpose is to gain, sustain, and exploit comprehensive control over land, resources, and the people of the United States of America."
Moore stated in his motion that the Commonwealth and the court have already used Conrad's affiliation with the group to deny him a reasonable bond without explaining its relevancy.
By introducing said information, Moore stated "the prejudice Conrad would suffer â ¦ is glaringly apparent."
In his response, Boaz argued Conrad's membership in such a group could speak to his state of mind during the shooting.
"The 'Three Precenters' â ¦ are an anti-government group who believe that they are the rightful enforcers of the law," the response states. "The tone of this organization is that of an undercurrent of violence against those who commit any crimes."
Boaz argued that because Cox was shot after Conrad caught him stealing from his storage unit, the defendant's association with such a group should be considered relevant.
Kaltenbach withheld a decision, saying he needed to research possible precedent before deciding.
Both sides were also given time to file additional responses for the judge to consider, all of which must be in by Dec. 18.
Conrad is scheduled to appear for a final pretrial conference on Jan. 29.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.