Conrad's trial to stay in McCracken
By Kat Russell, Reporter
The Paducah Sun
January 30, 2016
http://www.paducahsun.com/news/local/013016_PS_Conrad_Hearing
Citing the extensive media coverage his case has received, Jeffery Conrad, 49, who is accused of murder in the June 8 shooting of Garlon Casey Cox, 30, asked McCracken Circuit Judge Tim Kaltenbach on Friday to consider moving Conrad's upcoming trial to another county.
Conrad is accused of shooting Cox in the head at a Reidland storage facility after he caught Cox and Cox's friend, Brandon York, 36, stealing from his unit.
In his motion, attorney Doug Moore argued that his client's case has received pervasive media coverage throughout the pretrial proceedings, which could prejudice potential jurors.
Commonwealth Attorney Dan Boaz countered, stating several high-profile cases, including the case against recent murder defendant Keith Griffith, have received extensive media coverage and the court has always been able to seat an impartial jury.
Siding with the prosecution, Kaltenbach denied the motion, stating if there are issues seating a jury, he will address them when they surface.
"We've got 800 jurors who have been summoned to come in," he said, "and I think we'll be able to tell (at that time) whether or not we can get a jury."
Also discussed Friday were several motions filed by the commonwealth requesting that evidence pertaining to Cox's and York's drug use be excluded.
Boaz argued evidence showing Cox was a habitual drug user is irrelevant and should not be considered at trial. He also gave a similar argument regarding
York' drug history, stating he "in no way contributed what happened on that day in regards to the death of (Cox)."
Moore cited several cases in which a homicide victim's drug use was deemed relevant and argued that because Cox had drugs in his system the day he was killed, the defense should be able to present that evidence.
"I don't think there's really any question," he said. "It goes to the very heart of my client's defense that Cox's behavior was what led to this unfortunate incident."
Boaz countered that in the cases Moore cited, there was evidence indicating the victims' behavior played a part in their deaths.
"In this case, based upon the evidence that we've got, there isn't any indication whatsoever that Mr. Cox's behavior, as far as the use of drugs, contributed in any way to Mr. Conrad's reactions."
Kaltenbach ruled that evidence regarding Cox's drug use the day of the shooting was admissible, but previous drug use was not.
As for York, Moore stated evidence of drug use was found in the truck Cox and York were driving.
"I think I have the right to ask Brandon York if he also used methamphetamine on that day to determine whether his perceptions of the event were accurate and to establish his credibility, because it's really not believable that Cox was the only one who was using on that day," he said.
Again, Kaltenbach's ruling landed in the middle, saying York's drug use on the day of the shooting was relevant, but his drug history was not.
The commonwealth also filed a motion requesting evidence of Cox's and York's criminal histories be excluded from trial.
Moore called Cox and York "professional burglars," adding he planned to use their criminal histories to show the jury why they were at the storage unit that morning.
Moore also stated several people have speculated on social media that Conrad was acquainted with Cox and York and that the incident was a "drug deal gone bad." Moore said the criminal histories could help him disprove that theory.
Boaz argued regardless of what social media report, Cox's and York's prior crimes have no bearing on what happened the day of the shooting and should be deemed irrelevant.
Kaltenbach concurred, saying York could be questioned as to whether he was a convicted felon, but not go beyond that.
The judge then set a deadline for impending motions, ordering all motions and responses had to be filed by Feb. 26.
Conrad's trial is scheduled to begin March 16 and is expected to last about five days.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Conrad is accused of shooting Cox in the head at a Reidland storage facility after he caught Cox and Cox's friend, Brandon York, 36, stealing from his unit.
In his motion, attorney Doug Moore argued that his client's case has received pervasive media coverage throughout the pretrial proceedings, which could prejudice potential jurors.
Commonwealth Attorney Dan Boaz countered, stating several high-profile cases, including the case against recent murder defendant Keith Griffith, have received extensive media coverage and the court has always been able to seat an impartial jury.
Siding with the prosecution, Kaltenbach denied the motion, stating if there are issues seating a jury, he will address them when they surface.
"We've got 800 jurors who have been summoned to come in," he said, "and I think we'll be able to tell (at that time) whether or not we can get a jury."
Also discussed Friday were several motions filed by the commonwealth requesting that evidence pertaining to Cox's and York's drug use be excluded.
Boaz argued evidence showing Cox was a habitual drug user is irrelevant and should not be considered at trial. He also gave a similar argument regarding
York' drug history, stating he "in no way contributed what happened on that day in regards to the death of (Cox)."
Moore cited several cases in which a homicide victim's drug use was deemed relevant and argued that because Cox had drugs in his system the day he was killed, the defense should be able to present that evidence.
"I don't think there's really any question," he said. "It goes to the very heart of my client's defense that Cox's behavior was what led to this unfortunate incident."
Boaz countered that in the cases Moore cited, there was evidence indicating the victims' behavior played a part in their deaths.
"In this case, based upon the evidence that we've got, there isn't any indication whatsoever that Mr. Cox's behavior, as far as the use of drugs, contributed in any way to Mr. Conrad's reactions."
Kaltenbach ruled that evidence regarding Cox's drug use the day of the shooting was admissible, but previous drug use was not.
As for York, Moore stated evidence of drug use was found in the truck Cox and York were driving.
"I think I have the right to ask Brandon York if he also used methamphetamine on that day to determine whether his perceptions of the event were accurate and to establish his credibility, because it's really not believable that Cox was the only one who was using on that day," he said.
Again, Kaltenbach's ruling landed in the middle, saying York's drug use on the day of the shooting was relevant, but his drug history was not.
The commonwealth also filed a motion requesting evidence of Cox's and York's criminal histories be excluded from trial.
Moore called Cox and York "professional burglars," adding he planned to use their criminal histories to show the jury why they were at the storage unit that morning.
Moore also stated several people have speculated on social media that Conrad was acquainted with Cox and York and that the incident was a "drug deal gone bad." Moore said the criminal histories could help him disprove that theory.
Boaz argued regardless of what social media report, Cox's and York's prior crimes have no bearing on what happened the day of the shooting and should be deemed irrelevant.
Kaltenbach concurred, saying York could be questioned as to whether he was a convicted felon, but not go beyond that.
The judge then set a deadline for impending motions, ordering all motions and responses had to be filed by Feb. 26.
Conrad's trial is scheduled to begin March 16 and is expected to last about five days.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
