Should family members of victims be barred from showing emotion of grief in front of a jury in a criminal case? That’s something that the defense in the Adam Longoria Capital murder case in Barton County want a judge to rule on.
Adam Longoria is accused in the death of 14-year-old Alicia DeBolt, the Great Bend girl allegedly murdered with her burned remains discovered at an asphalt plant where Longoria worked. That was in August of 2010.
They want the judge in the case to ban the family, friends, and any victims rights groups from showing emotion in front of the jury. The say it violate the defendants rights under various ademendment to the U-S and Kansas Constitutions.
They also argue that the admission of evidence in a murder trial regarding the victims family, the victims relationship with a spouse or family member and friends, the victims character and details of the victims last days before her death which could be intentionally or incidently elicited by the prosecution is improper and would be reversible error. They say, if such opinions can’t be made on the witness stand, then they should not be allowed in courtroom as well.
The state argues back that they agree that an emotional outburst would be inproper, but doesn’t believe the judge should be responsible for every groan, grunt, sigh, cough, glance, cry, or facial expressions.
Prosecuting Attorney Kevin O’Conner there is a difference between a spectator lashing out at the defendant, or cries out over whether the defendant is guilty or innocent, and when a spectator cries quietly in response to testimony. They say the judge can already make a judgement on whether emotion shown by the victims family prejudices the rights of the defendant or the state, during trial.
The say the defense argument is unfounded based on the configuration of the courtroom, and is also premature and without precedent. O’Conner says the family has acted appropriate at past hearings.
That is just one of many motions that is expected to be heard in front of Barton County District Judge Hannelore Kitts on February 8.