Marcy Faith Carapezza and Jason Cole Hughes will have retrials outside Lyon County on charges stemming from circumstances surrounding the beating death of Emporian Mary Clark.
The decision was announced Wednesday in Lyon County District Court by Chief Judge Merlin Wheeler.
Wheeler said that he had reviewed the information provided by attorneys, as well as articles and publicity surrounding the case.
"It is my decision that the motion for change of venue by both defendants should be granted," Wheeler said.
The ruling came before the completion of testimony in an ongoing Kastigar hearing that will decide what evidence can be admitted in the retrial, ordered last year by the Kansas Supreme Court on a 4-3 vote.
At the end of the first trials, Hughes was convicted for felony murder and aggravated burglary. Carapezza was convicted of the murder and aggravated burglary, as well as aggravated robbery and misdemeanor theft.
Former Lyon County Attorney Rod Symmonds was hired as special prosecutor for the Kastigar hearings now under way. Another attorney, Thomas J. Bath Jr. of Overland Park, will be prosecutor at the retrial.
Location of the district court that will be used for the trials has not yet been determined.
The Kastigar hearing recessed for the afternoon and was expected to resume at 9 a.m. Friday.
Wheeler said that he would hold completion of the journal entry on the change of venue until the hearing is complete.
Carapezza is represented by Julia Spainhour of the Northeast Kansas Conflicts office. Hughes is represented by court-appointed attorney Stephen Atherton of Emporia.
At issue in the Kastigar hearings is whether certain evidence and information brought forth in the first trials was appropriate to use in prosecuting the pair.
Blackshirt (anonymous) says...
Why are we hiring outside prosecutors to present this case?
January 22, 2009 at 4:56 p.m. ( permalink | suggest removal )
spectator (anonymous) says...
Law enforcement witnesses and those compensated by their employer won't be hurt too badly by this. Those not employed or compensated by their employer will be shafted yet again. Witness fee *IF* you testify is a whopping $10/day. Now add whatever it will cost to get to the new venue. Change of venue locations usually are chosen on a similar sized population, e.g. Emporia and Hutchinson. It's called the *Criminal* Justice System for a reason. Sorry, Judge, but I disagree with this. It's been four years - don't you think there are 12 people in all of Lyon County who would be impartial ?
January 22, 2009 at 7:57 p.m. ( permalink | suggest removal )
Cliffy (anonymous) says...
We are hiring outside prosecutors because the one WE have mucked up the trial.
Let's see, the sales tax thing was also mucked up. Hmmmm.
January 22, 2009 at 9:03 p.m. ( permalink | suggest removal )
railroadhorn (anonymous) says...
I think Lyon Co really screwed this up. They granted immunity to a woman who admits stealing from and murdering Mrs. Clark in exchange for 5 years in prison. There is NO physical evidence or even much circumstantial to convict Hughes and Carapezza away from Emporia. All they've got is a junkie's testimony. This is a sad case.
January 23, 2009 at 9:16 a.m. ( permalink | suggest removal )
Happiness09 (anonymous) says...
Thank God. Maybe there is a justice system SOMEWHERE ELSE. railroadhorn...you are absolutely correct. They let the real murderer walk off with a lousy 5 year prison sentence for saying the other 2 helped do it. I knew someone on the jury of Carapezza who told me after the trial that there was no circumstancial evidence to even prove she was there. She was convicted on the testimony "of another prisioner that was considered reliable". This was indeed a very sad case. I would not be a bit surprised to see Carapezza and Hughes acquited somewhere else.
January 23, 2009 at 10:17 a.m. ( permalink | suggest removal )
myangel (anonymous) says...
Thanks to all those that have seen through the horrible, twisted version of what happened. Right now 2 innocent people have lost 5 years of there lives. I am truly sorry for what happened to Mary Clark, but the state let the real killer walk. I don't know what to think of the justice system. A person could say you committed a crime and you could be found guilty even though there was no physical evidece (not one drop of DNA whatsoever) to ever say you were at the crime scene. That's right people NO EVIDENCE! The only thing they got convicted on was a drummed up story that the admitted murder made up to get a plea with the prosecuter. Mollie Paico only served a 5 yr sentence. I was incarcerated with both Marcy and Mollie. I happened to be there when Mollie told the truth about what had happened that day. I cried. I thought to myself this could happen to anyone. I am grateful to know Marcy Carapezza. She is a wonderful, kind hearted person even though she's been through all of this. She rescues bugs or spiders that are in the building before they die. She even cries when there is a feed the hungry or an animal shelter commercial on TV. She wants to help the world. Does that sound like someone that could commit such a brutal crime? Marcy has 7 children that have had to grow up for the last 5 yrs without her. Hopefully, the truth will set her free real soon.
January 23, 2009 at 1:06 p.m. ( permalink | suggest removal )
LifeGoesOn (anonymous) says...
She is a wonderful, kind hearted person ? WTF?
how wonderful an kind hearted could she be if she was incarcerated? How wonderful and kind hearted can one be who is associated with common criminals.
"Carapezza was convicted of the murder and aggravated burglary, as well as aggravated robbery and misdemeanor theft."
Myangel, maybe you are also a good and kind hearted person! LMAO
maybe you been hanging out in the wrong crowd if you believe that a convicted felon is a good,kind hearted person!
I dont pretend to know all the details of the case but what I do KNOW, is if you hang out with riff raff and accociate yourself with thugs, you are no better than those you hang with
January 23, 2009 at 3:23 p.m. ( permalink | suggest removal )
myangel (anonymous) says...
To LifeGoesOn
If you knew anything about the case you would know that Carapezza and Hughes were falsely accused and wrongfully convicted. The only reason they even got convicted was that Mollie Paico lied in order to get a deal from the state.The jury was allowed to hear evidence that was madeup and untrue.There was NO REAL EVIDENCE. You are angry at the wrong people. The anger sould be focused at the state for letting the real person that committed such a heinous crime go free. By the way, the supreme court overturned the convictions. Carapezza and Hughes are not guilty of anything except not knowing that the person they hung out with on occation was a murder or even capable of such a thing.
January 23, 2009 at 6:13 p.m. ( permalink | suggest removal )
myangel (anonymous) says...
Sorry! I spelled occasion wrong.
January 23, 2009 at 6:22 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Isn't everyone in prison wrongfully accused? I bet that they would tell you that if you asked them.
January 23, 2009 at 9:39 p.m. ( permalink | suggest removal )
LifeGoesOn (anonymous) says...
myangel, I am not "mad" at anyone, I just think the statment you made saying what a good and kind hearted person she is, was STUPID. You are not going to convince me that she didnt know the kind of people she was hanging out with!
January 24, 2009 at 6:37 a.m. ( permalink | suggest removal )
Happiness09 (anonymous) says...
5 years is a long time to lose your freedom. I agree that Carapezza had to have known what kind of people she was hanging out with. The point here is .......that people can change. If 5 years of your life isn't enough to do it then nothing is. Give the girl a chance.
January 26, 2009 at 10:06 a.m. ( permalink | suggest removal )
digitaltwister (anonymous) says...
Oh really, people change in 5 years? It is not on the Kansas Offender site anymore, but the list of offenses she had while there was quite impressive I must say. She was very busy trying to get over on the system. Not the actions of someone that is supposedly innocent and acting accordingly to prove it. As for 5 years, I must endure what she did for the rest of my life, and there is no doubt in my mind that she was an active participant in the murder. Regardless of what the courts ruled, how they did or did not handle any evidence, there is always the court of public opinion. A person like Marcy will at some point in here life get the size 12 of Karma.
January 29, 2009 at 10:41 a.m. ( permalink | suggest removal )
kittenslvsu (anonymous) says...
what about Marys Freedom she will not get that back what about what she had to go through on that horried day. I am mad that Molly got only 5 years I am family and it sickens me that her killers may go free. The thing is they all could have stopped it and got her help but no one cared. It makes me sick that no one may have to pay for taking the life of an elderly handicaped woman, that would give the shirt off her back to help you if you were in need again what about Mary and her rights. What about her voice?????
Stephanie
February 4, 2009 at 10:19 p.m. ( permalink | suggest removal )