Post by CCADP on Apr 9, 2006 8:18:07 GMT -5
Appeal hearing postponed for death-row inmate----Lovell told to confer
with his attorneys before court date
Douglas A. Lovell got a lesson in proper court procedure from a district
court judge Wednesday.
Lovell, 48, is on death row for killing Joyce Yost in 1985, after she
testified that he raped her. He had previously threatened to kill her if
she testified. He is now appealing his death sentence.
In a hearing Wednesday, Lovell, dressed in an orange jumpsuit and guarded
by 3 men, tried to persuade 2nd District Judge Michael Lyon to rehear
testimony that Lyon had already ruled irrelevant in November.
Lovell said testimony from Rhonda Buttars, if it had been heard during the
penalty phase of his capital murder trial, would likely have changed his
plea from guilty to not guilty.
A previous judge in the case, Stanton Taylor, had also ruled her testimony
irrelevant.
Lovell argued that he had ineffective representation by his attorney at
the time, John Caine.
Lyon told the inmate that he should have consulted with his attorneys and
should have notified the attorneys representing the state of Utah before
he filed a motion regarding the matter.
"This is not a free-for-all," Lyon said. "We don't come into court and
ambush people."
Lovell said he didn't know he needed to provide a copy of recent filings
to the prosecutors.
Lovell added that he didn't bring briefs and transcripts from earlier
hearings with him to court Wednesday because he didn't know he was to be
in court. He said he had been unable to have regular contact with his
attorneys, James Retallick and Ryan Bushell, because of a phone system at
the Utah State Prison that allows inmates to place collect calls but only
to Qwest subscribers.
"I haven't seen either one since November," Lovell said.
So he's communicated by mail with Retallick. Because the attorneys haven't
met with Lovell at the prison recently, Lyon asked Retallick and Bushell
to meet with Lovell Friday, and Lyon continued Wednesday's hearing until
Monday morning.
This is the 2nd time the Utah Supreme Court has sent Lovell's appeal to
the district court level, Lyon said during the hearing.
Lyon said he wants to make sure this is the last time Lovell's case comes
back to his court because it's too time-consuming.
"It's too expensive," Lyon said. "There needs to be closure by the victims
in this case."
Assistant Utah Attorney General Thomas Brunker agreed.
"All he's doing is causing more and more delay," Brunker said. "This case
is 20 years old. . . . We wouldn't have this problem if he had spoken with
his attorneys."
(source: Deseret Morning News)
with his attorneys before court date
Douglas A. Lovell got a lesson in proper court procedure from a district
court judge Wednesday.
Lovell, 48, is on death row for killing Joyce Yost in 1985, after she
testified that he raped her. He had previously threatened to kill her if
she testified. He is now appealing his death sentence.
In a hearing Wednesday, Lovell, dressed in an orange jumpsuit and guarded
by 3 men, tried to persuade 2nd District Judge Michael Lyon to rehear
testimony that Lyon had already ruled irrelevant in November.
Lovell said testimony from Rhonda Buttars, if it had been heard during the
penalty phase of his capital murder trial, would likely have changed his
plea from guilty to not guilty.
A previous judge in the case, Stanton Taylor, had also ruled her testimony
irrelevant.
Lovell argued that he had ineffective representation by his attorney at
the time, John Caine.
Lyon told the inmate that he should have consulted with his attorneys and
should have notified the attorneys representing the state of Utah before
he filed a motion regarding the matter.
"This is not a free-for-all," Lyon said. "We don't come into court and
ambush people."
Lovell said he didn't know he needed to provide a copy of recent filings
to the prosecutors.
Lovell added that he didn't bring briefs and transcripts from earlier
hearings with him to court Wednesday because he didn't know he was to be
in court. He said he had been unable to have regular contact with his
attorneys, James Retallick and Ryan Bushell, because of a phone system at
the Utah State Prison that allows inmates to place collect calls but only
to Qwest subscribers.
"I haven't seen either one since November," Lovell said.
So he's communicated by mail with Retallick. Because the attorneys haven't
met with Lovell at the prison recently, Lyon asked Retallick and Bushell
to meet with Lovell Friday, and Lyon continued Wednesday's hearing until
Monday morning.
This is the 2nd time the Utah Supreme Court has sent Lovell's appeal to
the district court level, Lyon said during the hearing.
Lyon said he wants to make sure this is the last time Lovell's case comes
back to his court because it's too time-consuming.
"It's too expensive," Lyon said. "There needs to be closure by the victims
in this case."
Assistant Utah Attorney General Thomas Brunker agreed.
"All he's doing is causing more and more delay," Brunker said. "This case
is 20 years old. . . . We wouldn't have this problem if he had spoken with
his attorneys."
(source: Deseret Morning News)