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|Judge Allows for Sheriff to be Subpoenaed in Sheley Case
|Records related to how accused spree killer Nicholas Sheley has been incarcerated at the Knox County Jail will be turned over as part of the evidence being gathered for Sheley's local murder trial.
Knox County Circuit Court Judge James Stewart Wednesday denied a motion filed by the state to throw out the subpoena issued to Sheriff David Clague seeking documents related to security measures taken since Sheley has been jailed on the murder, aggravated vehicular hijacking, and other local charges filed against him for the death of 65-year old Ronald Randall last year.
The state, in arguing that the motion should be quashed, claimed defense attorney Jeremy Karlin was on a "fishing expedition," and that such information would be irrelevant to the case.
Karlin, however, claims that some of the evidence of how Sheley has been treated in jail could come up in the sentencing and potential death penalty phases of the trial if he's convicted.
Stewart agreed, but also said that such information would only be viewed by attorneys, and not Sheley.
No documentation has been filed in connection to Sheley's announcement several weeks ago that he wanted to plead guilty. Stewart previously gave Karlin and the defense team 30 days to discuss that with Sheley, and to file that such a discussion had taken place. That, so far, has not been done.
Stewart Wednesday did grant a defense motion for a deposition of a forensic investigator, but denied similar requests for depositions of employees of the Knox County Jail.
(Nicholas Sheley. WGIL News File Photo.)
|10 14 09 by Newsroom
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