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Logistics dominate pre-trial hearing

Published on -6/7/2009, 10:34 PM

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By MIKE CORN

mcorn@dailynews.net

WaKEENEY -- The logistics of conducting a Gove County trial in Trego County's Courthouse dominated discussion during a pre-trial hearing Friday for David A. Stevenson.

Attorneys in the case in relatively quick order resolved most of the legal matters that were pending, then talk turned to the mechanics of the first-degree murder trial.

In the end, it was decided Gove County Sheriff Allen Weber will use the three vans his office has confiscated to transport jurors -- once they are selected -- from a central gathering place in Gove County to WaKeeney on a daily basis.

And because WaKeeney has a relatively small number of restaurants, jurors will be shuttled too and from lunch, away from any other participants in the case.

"I think the idea of providing lunch for jurors will solve the largest problem," District Judge Ed Bouker said.

Bouker, who is presiding over the case, has asked the Kansas Supreme Court to transfer the trial from Gove County to Trego County, but still use Gove County residents as jurors in the case.

That decision was made because the Gove courtroom is small, and there's only one restaurant in the community of less than 100. No lodging is available in Gove.

The change in location first was discussed in early January, after Stevenson was bound over for trial in connection with the March 13, 2008, death of his father, Walter Stevenson, at his farm west of the city of Gove.

At Friday's hearing, assistant attorney general Steven Karrer went through each of the 18 motions filed by defense attorney Paul Oller.

With only one exception, Karrer said his office already had met the requests or would have no problem doing so.

The only exception involved cameras in the courtroom.

"Generally, I don't take a position," he said. "I leave that up to the court."

Bouker said he generally is receptive to requests for cameras in the courtroom. But he said there is rarely gavel-to-gavel coverage, instead spending a small amount of time in the court and leaving at first break.

"I think a lot of the fears of this type are overblown," Bouker said.

As a result, Bouker ruled "no camera will be allowed in unless they comply with Supreme Court orders."

The only other issue that caused some discussion was a request for a hearing on statements that had been made by Stevenson to law enforcement authorities.

Oller, however, said there won't be a need for that because the statements were voluntarily given.

In response to questioning from Bouker, Stevenson said, "I don't recall exactly what I said," but agreed that the statements were voluntary.

During the discussion on the logistics of the trial, even the arrangements of tables in the courtroom were discussed.

Bouker suggested the witness stand be moved, allowing for defense and prosecution tables being moved across from the jury panel.

"I'm just not totally comfortable having someone that close to the jury," Bouker said of even moving the table a few feet from the nearest juror.

Stevenson's trial is scheduled to begin Aug. 3, and as many as 150 people could be called as potential jurors. Likely, half will be called on the first day.

"That way, we may not even need to bring in the second day," Bouker said if a jury of 12 and at least two alternates can be seated on the first day.

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