Judge Grants a Change of Venue
Friday, January 23, 2009
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 Thursday 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 other publicity on 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 hearing known as a “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 of 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 hearing recessed for the afternoon and was expected to resume at 9 a.m. today.
Wheeler said that he would hold completion of the journal entry on the change of venue until the hearing is finished.
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 could be used in prosecuting the pair.
Comments
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shawnsangel (anonymous) says...
I have known Marcy for almost 8 years. We were very close friends up until her conviction. I have no doubt in my mind that she nor Jason were involved on the murder of Mary Clark, and that Mollie Paico set them up to get a shorter sentence. I can't wait until justice is served and Marcy is able to be with her family and friends again. To all of you who assume she is guilty, I have nothing but pity for you. You all put so much faith into the Court System, which obviously is faulty. There is corruption and conspiracy all the time. It's not up to you to decide if she is guilty or not. Quit bashing an innocent woman.
January 30, 2009 at 8:02 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Perhaps there are some friends she shouldn't return to.
January 30, 2009 at 8:26 p.m. ( permalink | suggest removal )
LifeGoesOn (anonymous) says...
shawnsangel, the Court System ((may have been)) faulty in this case, not for me to decide, But it was for a group of 12 other people to decide, and they decided she should be in jail. I also have no doubt "marcy" would not be where she is at in her life today if she had not been where she was with her life in the past.
February 2, 2009 at 5:47 a.m. ( permalink | suggest removal )