HUTCHINSON, Kan. — Judge Trish Rose heard more motions for the teen charged with two counts of first-degree murder, attempted murder and aggravated arson.
Samuel Vonachen who is now 17, is accused of setting a fire to his family’s home that killed his mother and sister. He was 14 at the time and the state has charged him as an adult for those crimes.
The defense ask for more information on the evaluations from two psychologist which they claim is to vague on how they came to their opinions and conclusions. But, the state says they are not required to even present the report, merely a summary. Judge Rose denied the request believing the state complied.
They also requested that all witnesses be sequestered, but the state says that will happen at trial anyway saying they always give witnesses written instructions. Judge Rose says she will grant sequestration during the trial only with the witnesses not sitting together and discussing the case.
Then there were two motions of Limine, one to keep the state from showing autopsy photos saying they won’t contest the manner of the death of the victims. But, the state has the burden of proof and Judge Rose decided she would review all the photos then decide what ones might be inflammatory. But, she also noted that the state will have to show some autopsy photos to assist with the medical testimony at trial.
The other was for making any improper statements during the trial. Judge Rose granted that defense motion, but says it would apply to both sides.
The state also filed a motion for reciprocal discovery. No decision was made on this issue with judge giving the defense until Friday to file a response, then a hearing will be held on that motion next Monday.
As it stands now, jury selection will begin at 9 a.m. on Monday Aug. 22.
Judge Trish Rose stated that as it stands now, 90 pretrial questionnaires have been returned. There is still some question as to how many alternates they may need for the trial. Judge Rose believes they need to qualify at least 45 jurors, then cut the number down from there. The state believes they should have at least three alternates.