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Q-Notes ▼ May 29,1999 ▼ PAGE 9 Attorney maneuvers underway in ^ second Shepard murder trial by Dan Van Mourik Q-Notes Staff LARAMIE, WY—^The capital murder trial of Aaron McIQnney, 21, the second of two men charged with killing gay University ofWyoming student Matthew Shepard, will remain in Laramie. At least that much is certain since McKinneys lawyers have not filed a motion to seek to move the trial. However, a myriad of other motions have been filed which raise a host of questions regarding the strategies to be used at McKinney’s trial. McKinney is charged with first-degree mur der, kidnapping and aggravated robbery in the beating death of Shepard and prosecutprs said they will seek the death penalty. A hearing was held in Albany County Dis trict Court on May 10 to hear several of the roughly 105 motions filed by the defense and responses by prosecutors. Many of the defense motions under consideration will be heard in June and then probably behind closed doors. Prosecutor Cal Rerucha wants closed hear ings on defense requests for suppression of evi dence and explanation of the aggravating cir cumstances to be considered in the death-pen alty phase if McKinney is convicted. Voigt will decide what will be discussed and if the hear ing, set for June 14, will be open. During the hearing, Voigt wanted to be sure McKinney understood and agreed with his at torneys’ decision to keep the trial in Laramie. “Yes, your honor,” McKinney answered. But McKinney and his attorneys huddled at the table when Voigt asked the young man if he was aware of a mental illness or deficiency that would prevent him from understanding what was happening. “We’re advising Mr. McKinney not to an swer that at this time,” public defender Dion Cusds said, opening the door to a possible “in sanity” plea. Voigt said he didn’t want to wait until sum mer to find out McKinney will plead innocent because of mental illness or deficiency. .15; I* Lisa Griffin, Ph.D. Your FAMILY Therapist rightmind@msn.com (704) 458-0433 Are you getting what you want from life? Would you like experienced guidance as you identify and achieve your goals? Even successful, intelligent people often feel encumbered by low self-esteem, conflict-ridden relationships, unsatisfying careers, and baggage from the past. For ten years, I have helped people like you uncover, understand, and transcend the old patterns that hinder them. Make an investment in yourself. Discover, embrace, and celebrate who you really are. Fee is $90 per 60-minute session. Services may be covered by your health insurance. Calhoun ^ouse "Your 4iome Ln Charleston 5 4i IS tone 'O [strict '£3 a-* Close to fine restaurants, great shopping and exciting nightlife. 273 Calhoun Street Charleston, SC 29401 (843) 722-7341 chs65@aol.com “We do have a deadline to file a plea,” Custis replied. “I’ll reserve comment until then.” Custis also indicated he intends to seek a delay of the trial, set to start August 9. Meanwhile, all the files in the case will be closed to the public. Voigt granted Rerucha’s motion to seal the information because of news stories about McKinney’s criminal history and allegations he threatened a judge and an attor ney, that he once told two women he killed a man in California, and that he offered to have a woman’s ex-husband killed. The stories were based on an April 22 document from prosecu tors. McKinney’s attorneys are challenging Rerucha’s decision to seek the death penalty against their client in part because of the agree ment with Russell Henderson, the other de fendant in the case. Henderson pleaded guilty at a court hearing and received two consecu tive life sentences. Several motions also con tend the death-penalty law is unconstitutional for numerous reasons, including the way miti gating and aggravating factors are weighed. Mitigating factors, such as lack of a crimi nal record, are used to argue against a death sentence. A^ravating faaors, including a crimi nal past, are used to bolster a death-penalty case. Court papers filed by prosecutor Cal Rerucha detail McKinney’s brushes with the law. McKinney’s run-ins with the Laramie County Police Department date back to 1988 and involve about 40 criminal and traffic vio lations. The violations include making threats against others and criminal entry. On a related note, the trial for one of two women charged with covering up evidence in Shepard’s murder has been delayed. No new trial date was set for Kristen LeAnn Price, 19, whose case was set for jury trial May 24. 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