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The Prescott Daily Courier | Prescott, Arizona

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4/13/2012 9:56:00 PM
State submits recordings, transcripts of DeMocker's phone calls from jail
Matt Hinshaw/The Daily Courier
Steven DeMocker talks with Phoenix investigator Richard Robertson July 28, 2010, during his trial at the Yavapai County Courthouse in Prescott.
Matt Hinshaw/The Daily Courier
Steven DeMocker talks with Phoenix investigator Richard Robertson July 28, 2010, during his trial at the Yavapai County Courthouse in Prescott.
Judge sets hearing on Docugate conflict
PRESCOTT - Visiting Yavapai County Superior Court Judge Gary Donahoe on Monday heard some arguments on the DeMocker defense's unwillingness to turn over to attorneys the documents it claims were illegally viewed by the prosecution.

DeMocker's lawyers want the Yavapai County Attorney's Office (YCAO) to be precluded from prosecuting the case because, they claim, YCAO staff improperly viewed and printed documents that were sealed or intended to be seen only by the judge.

The county hired two Phoenix attorneys, Russell Yurk and Georgia Staton, to represent the YCAO; it claims the two attorneys actually handling the case, Jeff Paupore and Steve Young, never actually saw the documents.

But defense attorney Craig Williams is now unwilling to give the lawyers the documents. Yurk and Staton have filed a motion asking Donahoe to force the defense to turn the documents over.

The judge has asked Yurk and Staton to explain who saw the paperwork and what they did with the information, something they say they can't do without seeing the documents themselves.

During a brief proceeding on Monday, Donahoe asked Williams to prepare a response by Monday, explaining why having outside counsel and a protective order, which would keep them from divulging the contents to Paupore and Young, is not enough to protect DeMocker's interests.

He set a hearing for April 23.




Scott Orr
The Daily Courier

PRESCOTT - The prosecution in the Steven DeMocker murder trial, which at one point said it planned to present more than 100 recorded and transcribed phone calls made to and by DeMocker while he has been incarcerated in the Yavapai County jail, has pared them down to 28 at a judge's request, according to a court document filed Wednesday.

DeMocker's retrial on a charge that he murdered his ex-wife, Carol Kennedy, in 2008, is on hold while Visiting Yavapai County Superior Court Judge Gary Donahoe decides whether the Yavapai County Attorney's Office should be precluded from prosecuting the case.

While that goes on, Donahoe has said, he wants trial preparations to move forward.

Donahoe has not yet agreed to admit the calls into evidence; the defense wants them excluded, claiming the state has already been turned down and that it is too late to introduce new evidence.

In a previous hearing, Donahoe said, "If I were to admit these calls, I'd probably limit them to a couple of hours. Instead of playing 100 calls, you could play 10 and get the flavor" of the rest.

Defense attorney Craig Williams argued during the February hearing that there were 25,000 pages of transcriptions, and "when you've got that many, it means they (the state) are cherry-picking and leaving the good stuff out."

"If you're going to play part of it, you need to play all of it" for context, he added.

Deputy County Attorney Jeff Paupore appeared to take pains to show Donahoe that the calls would be brief. Only 14 of the 28 calls would be used for the prosecution's case-in-chief, with the rest planned for rebuttal arguments, and "three of the 14 calls is (sic) actually one continuous call," Paupore wrote.

Paupore said that "only a small portion of each recorded call" would be played for a jury, taking less than two hours. If the defense wants them played in their entirely for context, all 14 would take about three-and-a-half hours to hear, he wrote.

Paupore submitted the calls to Donahoe on a DVD and also provided requested transcriptions of each.



Related Stories:
• Judge in DeMocker case orders defense to turn over documents
• Democker's lawyer says divulging documents would be against the law


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Reader Comments

Posted: Tuesday, May 29, 2012
Article comment by: How Do You Know Specific Content?

To Sad--how do you know the content? Did you go to the courthouse and ask to listen to the DVD?

Posted: Tuesday, May 15, 2012
Article comment by: Sad, not one comment about the content of the blasted phone conversations.

The transcripts of the phone calls are unbelievable. Knowing he was being recorded and talking about the crimes anyway. Shameful how he spoke of his daughter and of Carol. If a jury hears those calls DeMocker's what will they think of his character?

Posted: Thursday, April 19, 2012
Article comment by: Wow is Defense Desperate!!

I'd like to see Craig Williams' law degree. So far in this case, he's filed EVERY POSSIBLE motion they teach in law school. It's the shotgun approach - throw up as much crap and see what sticks. This type of "lawyering" is a drain and burden on the legal system. ... it kinda goes hand in hand with the consistent attacks on the prosecution in this paper - do they really think mentioning how much tax payer money THEY are wasting will influence someone not to convict this (man)? ...

Posted: Wednesday, April 18, 2012
Article comment by: Dear Poor

You are right. I misspoke out of the sheer frustration.
It seems senseless lawyers won't disclose the documents (under protection) and have the hearing they petitioned the Supreme Court for and were granted. At this point, handing DeMocker over to another county probably is the best solution. It seems the Murder I charge is being forgotten in all the legal hoopla (purposely?).


Posted: Wednesday, April 18, 2012
Article comment by: Proper investigation and proceedings would have served Carol

Carol and everyone involved would have been best served by a proper investigation, and legitimate legal proceedings. She got neither, and everybody loses.

Posted: Wednesday, April 18, 2012
Article comment by: Poor decision by Polk

To "Judges Rule", go back and read the ruling handed down by the Appellate Court. The defense does not have to prove harm to their case. The burden is upon the prosecution to prove that their illegal activites did not infringe upon the defendant's right to a fair trial. In my opinion, this is near impossible. The YCAO should turn this case over to another jurisdiction, because their decision to fight this will only waste a lot more money.

Posted: Tuesday, April 17, 2012
Article comment by: Stale Case? Not for Carol

The defense supporters show little remorse to the deceased in this case. A mother, daughter, sister, wife, and friend was killed and they have the audacity to complain about the length of time it's taking to prosecute. THEY ARE THE ONES causing delay after delay! If you are truly interested in justice, why does the defense challenge EVERY CHANCE THEY GET? You ARE getting a fair trial - your attempt to derail the prosecution at EVERY TURN sounds like more than fair. Quit whining and start dealing with reality - a woman is dead and the people of this great city don't CARE HOW LONG IT TAKES TO PROSECUTE the murderer. If your attorney, Williams, has to learn about the law as he goes along, so be it. He's the one looking like a fool, bumbling his way through A MURDER DEFENSE. NEXT!

Posted: Monday, April 16, 2012
Article comment by: Stale case

This case shows how hard it is to get a fair trial in Prescott: the defendant continues to sit for years in jail, while the prosecution awaits their day in court over THEIR illegal activities. All at tax payer expense.

Posted: Monday, April 16, 2012
Article comment by: Stale Mate

The gray box article reflects poorly on the ability of the defense lawyer, "Craig Williams is now unwilling to give the lawyers the documents."

It must be frustrating for a consummate professional like Judge Donahoe to explain law basics (outside counsel and order of protection) to the defense lawyer in this case.


Posted: Saturday, April 14, 2012
Article comment by: TRUTH PLEASE

Anyone who thought the OJ trial was long, sure did not bank on this one! We will not have to sentence this guy, he will have died of old age!!



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