Attorney to file more motions in Durden capital murder case
February 4, 2011
An attorney representing a man accused of killing his grandfather and attempting to kill his grandmother told a judge Thursday he had more motions to file in the capital murder case.
“One thing I was going to ask is to schedule another status conference 30 days out,” Stan Brown, who represents Jordan Tyler Durden, 23, of Moody, told Circuit Court Judge Charles Robinson.
Durden is charged with the July 30, 2008, capital murder of his grandfather, John Calvin Durden, 69, and the attempted murder of his grandmother, Eva Durden, both of Moody.
A tentative trial date of April 11 was set for the trial.
“I think we need to confirm that trial date,” Robinson said during the status hearing.
Brown told Robinson he was not sure if the defense would be ready for trial by then.
He told Robinson the defense was unable to view a CD given to the defense by the state.
“We’ve tried it on three computers, and it didn’t work,” he said, adding it’s not compatible with their computer programs. “It’s extremely important that we listen to it.”
Assistant District Attorney Carol Boone said the CD is a confession Durden gave to authorities while he was in a Florida jail. Durden was captured in Florida after fleeing his grandparents’ home in their van.
Durden allegedly stabbed his grandfather to death with a kitchen knife and attempted to cut his grandmother’s throat with a pocketknife and a piece of glass from a broken flower vase he hit her over the head with.
Boone said the defense could come to the courthouse and use their computer to view the taped confession with their client.
The defense attorneys and state prosecutors were given sample jury questionnaires for the capital murder case. Both sides will review the questionnaires, and Robinson told attorneys that any motions in the case must be filed two weeks before their March 2 status hearing.
Robinson said all motions must be filed by Feb. 16.
“That doesn’t mean there won’t be other motions filed after March 2,” Brown said.
Robinson said other motions could be filed but the case needs to be tried.
Court officials will notify jurors to report to the courthouse for the week of April 11. The court clerk said it will take a pool of about 120 jurors for the case. Jurors will complete questionnaires before reporting to court April 8.
Brown told the court the defense has numerous documents discoverable by the state and would make them available to prosecutors.
Brown told the court he wanted copies of any and all Moody Police Department documents pertaining to Durden or to the case.
“I want everything they have that you may not have that could be used in the case,” Brown told Boone.
Robinson agreed, saying the defense should have access to any reports filed with the Police Department.
Boone said the trial needs to move forward, and she noted it’s been almost three years since Durden was charged.
“Mrs. Durden is getting older,” she said.http://www.thestclairtimes.com/view/full_story/11269401/article-Attorney-to-file-more-motions-in-Durden-capital-murder-case?instance=home_right_bot