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Judge grants expanded jury questionaire

Wednesday, April 23, 2008

Potential jurors in the case of a man accused of killing Americus teen Beau Arndt will be sent expanded questionnaires in their summonses. And both sides intend to call expert witnesses in ballistics and firearms when the trial for Topekan Theron Thomas Kent begins June 23.

Kent is charged with a single felony count of involuntary manslaughter and three misdemeanors — attempted unlawful methods of taking wildlife, criminal hunting and criminal discharge of a firearm. He is accused of firing a rifle into a field Dec. 15 where the 18-year-old Arndt was concealed in a blind near geese decoys. Arndt died at the scene in northwest Lyon County.

This morning, Lyon County District Court Chief Judge Merlin Wheeler presided over a pretrial hearing to hear any motions filed by March 21. None were, but Wheeler still ended up with three routine motions — two filed this week by the Lyon County Attorney’s office and one brought up by Kent’s attorney.

Two of the motions dealt with discovery, a method prescribed by statute in which the prosecution must provide the defense with documents in a case, such as reports of investigators and experts. Donald Hoffman, Kent’s attorney, filed a discovery motion that contained a list of documents he wanted. The state filed a “reciprocal discovery” motion, requesting that the defense also provide any reports generated by its own expert witnesses or investigation.

The third motion, filed by the state, was a request to use expanded questionnaires with jurors to speed up the process of selecting the jury. It’s also a way to ask jurors sensitive questions without having their answers given in front of others — a way to avoid tainting other jurors with accidental disclosures.

Wheeler granted all three motions and gave both sides a deadline of May 23 to file an agreed-upon juror questionnaire or their own versions if they cannot agree. In that case, Wheeler will take both versions and compose one questionnaire.

Before concluding the 30-minute hearing, Wheeler set a new deadline of May 29 for any more pretrial motions. Those will be heard at 10:30 a.m. June 11, if necessary. Juror summonses will be sent the week of June 2.

Comments

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Posted by pebmdinc (anonymous) on April 23, 2008 at 8:50 p.m.

(This comment was removed by the site staff.)

Posted by esuhornets (anonymous) on April 24, 2008 at 8:54 a.m.

(This comment was removed by the site staff.)

Posted by madpoet (anonymous) on April 24, 2008 at 12:47 p.m. (Suggest removal)

I think they'll have to hunt pretty hard to find an unbiased jury. I know I sure couldn't sit on that jury. Few things are worse than road poachers. I hope justice in served.

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