A Carter County judge heard motions in a murder case Tuesday and also issued an admonishment to attorneys regarding timely filing of court documents.
On Tuesday morning, Judge Stacy Street presided over a motions hearing in the case of Anthony Lacy, 20, and Demetrice Cordell, 21, both of Roan Mountain, who face multiple charges in connection with a 2014 crime spree that left a man dead. Both men were charged with first-degree murder, especially aggravated robbery, burglary, evading arrest and multiple counts of theft of property. The State has filed notice of its intent to seek the death penalty against Lacy but not against Cordell.
At the beginning of the hearing, Street announced the state had filed a motion to sever the cases just that morning before court. If the cases are severed, Lacy and Cordell would be tried separately in stead of standing trial together on the charges.
Assistant District Attorney Dennis Brooks said the state felt there could be problems with a joint trial, including the possible prejudicing of jurors due to the fact the state is seeking the death penalty against one defendant but not the other.
“We don’t want any unfairness perception infiltrating their adjudication of the facts,” Brooks said.
Attorney Jim Bowman, who along with attorney Gene Scott, represents Lacy asked the court to postpone ruling on the motion to grant them time to review it and respond to it.
Bowman also posed the question as to which defendant would be tried first if the cases were severed, saying that could have an impact on whichever case was tried second.
Assistant Public Defender Melanie Sellers, who represents Cordell, said she was not opposed to the idea of severing the cases and said she had previously discussed that possibility with the District Attorney’s Office. She said she would “probably” have requested severance on behalf of Cordell if the state had not made the request.
Street said he would consider the motion and would issue an order with his ruling within the next 10 days.
Street informed the attorneys that regardless of how he rules on the request to sever the cases, Lacy will stand trial as scheduled.
“Understand, Anthony Lacy and/or Mr. Cordell will go to trial on March 20, 2017,” Street said. “If I grant the severance, Mr. Cordell will go to trial at a later date.”
During the hearing, Street and the attorneys also addressed the jury pool which is being brought in for the case along with questions for the potential juror questionnaires.
Street said a pool of 500 jurors is being summonsed in to ensure that a sufficient number of jurors are available to hear the case. He also stated that “in all likelihood this jury will be sequestered” and noted the additional cost and preparation that required for the court.
Street also heard a request from Sellers regarding obtaining medical records for Cordell due to the fact he has been diagnosed with a serious medical condition related to his vision.
“I learned just this past Friday Mr. Cordell has developed a very serious issue with his vision,” Sellers said.
Cordell was being housed at the Washington County Detention Center for Carter County and during his incarceration there he was diagnosed with Panuveitis and Papilledema, both of which are conditions where different parts of the eye swell and affect vision. According to the National Eye Institute if not properly treated Panuveitis can lead to blindness.
“He cannot see to read,” Sellers told the court. “This will affect trial preparations because he cannot review documents with me.”
Since his diagnosis, Sellers said, Cordell was transferred back to the Carter County Detention Center for housing. Sellers told Street she has had difficulty in obtaining his medical records from the CCDC and the staff have failed to communicate with her regarding a plan of care for her client to help preserve his vision.
“This is a very serious condition,” Sellers said, adding her focus is on getting Cordell the treatment he needs so he can retain his sight.
Sellers said she understood that for security reasons detention center staff could not release dates and times of appointments to her, but stated that is not what she is asking for.
“I am asking them to communicate with me what is being done to help Mr. Cordell,” she said, adding she wanted copies of his medical records, what treatment he has already received and what the future plan of treatment for him is.
Sellers asked the court to issue an order directing the Carter County Detention Center to provide her with the needed medical information.
District Attorney General Tony Clark stated he did not object to the request by Sellers and said he felt it pertinent to insure Cordell was able to assist in his defense.
Street said since taking the bench he had tried to stay out of issues telling others — like the Carter County Sheriff’s Office, the District Attorney, or a defense attorney — how to do their jobs but he felt the seriousness of the matter warranted action on his part. He directed Sellers to draft a court order regarding the release of the medical information, have the District Attorney’s Office sign it and submit it to the court for his approval.
Both Lacy and Cordell are scheduled to return to court on Jan. 24 for motions in the case.
Before concluding Tuesday’s proceedings, Street admonished attorneys in the case regarding the late or last minute filing of motions or court documents, such as the filing of the motion to sever the cases just prior to the start of court.
“Gentleman, there will be no more filing the day of or the day before a motions hearing,” Street said. “The stakes are too high. The trial date is looming.”
Street set a deadline of Jan. 6 for the filing of motions to be heard on Jan. 24 with a deadline of Jan. 17 for the opposing side to file a response to the motion.
“That gives everyone a week to digest what is there and prepare for the hearing,” Street said.