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TEXAS COUNTY, Okla. (KFDA) – A Texas County judge ruled on over 40 motions filed by both the defense and the state in the trial concerning the deaths of Veronica Butler and Jilian Kelley.
Of the 32 motions presented by the defense, the judge ruled to deny or partially deny all but two. Some of the denied motions include:
- Motion to strike bill of particulars and declare death penalty unconstitutional on the grounds that the death penalty has no deterrent value
- Denied
- Motion to quash bill of particulars and declare death penalty unconstitutional
- Denied
- Motion to allow evidence concerning the meaning of life without possibility of parole
- Denied
- Motion to declare death penalty cruel and unusual under the eighth amendment to the united states constitution due to death row conditions
- Denied
- Motion to preclude display of victim’s live photograph in jury’s presence
- Granted
- Motion to strike the aggravating circumstance “continuing threat” as unconstitutional and brief in support
- Denied
- Motion for disclosure of “agreement” with any state’s witnesses
- Denied
The two granted motions include the motion for inspection of all exhibits intended to be used at trial and the motion to preclude display of photographs of the victims while they were alive.
Oklahoma law strictly regulates courtroom displays, and family and friends will not be allowed clothing, hats, photos or pins of the victims to prevent outside influence.
The court then followed up with state motions, granting a majority of them.
- State’s motion for discovery
- Granted
- State’s motion in limine re: opening statements
- Granted
One motion that was denied was the regulation of facial expressions of the state and defense by the court. The judge denied that request, citing the professionalism of the attorneys present.
The defense filed a motion Friday morning requesting the court to sanction District Attorney George Leach for violating the gag order set in place.
Attorneys say the district attorney violated the order by making statements that were reported to a news journalist in Kansas and publishing a blog that specifically addresses the Butler-Kelley case.
This motion was not discussed in court Friday and will be brought up at the following motion hearing set for July 30.
