Gary Dunn

[TJEddie]

Don't forget KJ's behavior . . . laying all over the body, punching the wall, running from room to room conducting his own investigation. . . ugh. If there ever was one time that he really needed to listen to his Mother, this was it! IIRC she told the boys not to touch anything.

I've resolved to trust God with justice. . . y'all can hope that the State has the goods on Dunn, but I'm not going to get my hopes up all over again.

Rest in peace Nona. . . :rose:

Your reluctance to embrace a new suspect is certainly understandable.

[lorettalockhorn]

No. From what I recall, prints are hard to recover from the surface of a condom wrapper. (Which has always bothered me, why wasn't Frost encouraged to do a dna test in the first place???) I sure hope that the wrapper was not tampered with (moved). What if the wrapper was planted and only had Dunn's dna, but some schmuck on the scene touched something with Nona's dna and then touched the wrapper???? Ugh. I don't even want to think about it. . .


Sololobo is right, let's hope the first responders were at least wearing gloves!

I can't imagine fire and rescue and EMS not wearing gloves. Meant the police in my other comment. They're the ones who mishandled things as fall as I can tell. (Other than the coroner not making the effort to ascertain Nona's body temp and possibly getting her fingerprints.)

[SaraSidle]

I can't imagine fire and rescue and EMS not wearing gloves. Meant the police in my other comment. They're the ones who mishandled things as fall as I can tell. (Other than the coroner not making the effort to ascertain Nona's body temp and possibly getting her fingerprints.)

It makes me feel angry that the state is going ahead with this on the known evidence. I sure hope they have a lot more they are holding back. We need to put this to rest for Nona and her family and everyone else. IMO sara

[TJEddie]

Just another thought on the defense attorneys' motivation for publicly pursuing this case beyond the "not guilty" verdict.....

I don't trust much about a defense attorney, but I do trust his instincts at weighing chances and taking only calculated risks. I don't think Bristow, Johnson and Robbins would have taken on the extended investigation had they not been very certain that the outcome would leave them all smelling like roses. JMO

[lorettalockhorn]

Just another thought on the defense attorneys' motivation for publicly pursuing this case beyond the "not guilty" verdict.....

I don't trust much about a defense attorney, but I do trust his instincts at weighing chances and taking only calculated risks. I don't think Bristow, Johnson and Robbins would have taken on the extended investigation had they not been very certain that the outcome would leave them all smelling like roses. JMO

hehehe I don't think wearing a necklace of roses would make these three smell like roses! And I don't think we would have ever heard a word about the after verdict investigation if someone hadn't been reined in by the evidence that they produced. And Dunn seems perfect!

I just hope that the state has something convincing to show the court. And that the jury is sharp.

[TJEddie]

hehehe I don't think wearing a necklace of roses would make these three smell like roses! And I don't think we would have ever heard a word about the after verdict investigation if someone hadn't been reined in by the evidence that they produced. And Dunn seems perfect!

I just hope that the state has something convincing to show the court. And that the jury is sharp.

Oh ye of little faith.......;)

[lorettalockhorn]

Oh ye of little faith.......;)

You must know something that I don't and can't fathom. The whole idea of the defense team coming up with the true murderer and how they came about it because Robbins "knows" Kevin didn't kill her stinks. Hopefully the prosecution will have information that will make us believe that there is no way that the wrapper was planted, and will make us comfortable about Joe Blow collecting DNA evidence to nail a citizen.

[The R]

You must know something that I don't and can't fathom. The whole idea of the defense team coming up with the true murderer and how they came about it because Robbins "knows" Kevin didn't kill her stinks. Hopefully the prosecution will have information that will make us believe that there is no way that the wrapper was planted, and will make us comfortable about Joe Blow collecting DNA evidence to nail a citizen.


I'm gonna have to quit doing this, but ITA with you again, esp. in light of the fact that Dunn was considered a suspect early on, took a polygraph, and had a criminal record.

It is unfathomable to me as well that the state didn't earlier do the work that KJ's defense team did. I have to admit, learning some of this info has got me scratching my own head as to why I ever thought there might be a plea bargain at all.

ALLMO,
R

[sololobo]

You must know something that I don't and can't fathom. The whole idea of the defense team coming up with the true murderer and how they came about it because Robbins "knows" Kevin didn't kill her stinks. Hopefully the prosecution will have information that will make us believe that there is no way that the wrapper was planted, and will make us comfortable about Joe Blow collecting DNA evidence to nail a citizen.

I have no problem with a private citizen collecting evidence against a criminal, especially when LE seems unwilling. If Dunn is the killer, Robbins and company did this community a great service by removing a dangerous killer from our midst and should be applauded.

[sololobo]

I'm gonna have to quit doing this, but ITA with you again, esp. in light of the fact that Dunn was considered a suspect early on, took a polygraph, and had a criminal record.

It is unfathomable to me as well that the state didn't earlier do the work that KJ's defense team did. I have to admit, learning some of this info has got me scratching my own head as to why I ever thought there might be a plea bargain at all.

ALLMO,
R

I think our PD may have fell victim to the idea of the infallibility of a detective's "hunches" as portrayed in cinema and TV. They had a hunch Kevin did it, their instincts told them he did it and they pursued any evidence pointing to him while ignoring any other. "Just the facts, ma'am." These few, simple words spoken by a TV detective describe the backbone of a good investigation. And I am confident more facts will come out in the trial....from both sides.

Also, budget constraints may not have allowed for a lot of expensive DNA testing and other forensic tests. It is less expensive to focus on one suspect. In such a case, pursuing hunches can save the PD's budget lots of money.

[TJEddie]

I have no problem with a private citizen collecting evidence against a criminal, especially when LE seems unwilling. If Dunn is the killer, Robbins and company did this community a great service by removing a dangerous killer from our midst and should be applauded.

Obviously I agree, solo. To my knowledge, it has not been revealed how or by whom Dunn's dna was collected. However, if anything was done illegally, I would think that Gibbons, the Office of Prosecutor Coordinator, or McQuary would have caught it and called foul rather than using it to jump start a new investigation. Also, it occurs to me that a group of defense attorneys would be particularly well versed in the legality of evidence collection and would know to avoid any pitfalls that might jeopardize the case they were pursuing.

I think our PD may have fell victim to the idea of the infallibility of a detective's "hunches" as portrayed in cinema and TV. They had a hunch Kevin did it, their instincts told them he did it and they pursued any evidence pointing to him while ignoring any other......

I tend to believe it was the instinct/hunch of a "he" rather than a "they" that was the driving force behind the first investigation. But that's just my opinion.

[The R]

I think our PD may have fell victim to the idea of the infallibility of a detective's "hunches" as portrayed in cinema and TV. They had a hunch Kevin did it, their instincts told them he did it and they pursued any evidence pointing to him while ignoring any other. "Just the facts, ma'am." These few, simple words spoken by a TV detective describe the backbone of a good investigation. And I am confident more facts will come out in the trial....from both sides.

Also, budget constraints may not have allowed for a lot of expensive DNA testing and other forensic tests. It is less expensive to focus on one suspect. In such a case, pursuing hunches can save the PD's budget lots of money.

Obviously I agree, solo. To my knowledge, it has not been revealed how or by whom Dunn's dna was collected. However, if anything was done illegally, I would think that Gibbons, the Office of Prosecutor Coordinator, or McQuary would have caught it and called foul rather than using it to jump start a new investigation. Also, it occurs to me that a group of defense attorneys would be particularly well versed in the legality of evidence collection and would know to avoid any pitfalls that might jeopardize the case they were pursuing.


I tend to believe it was the instinct/hunch of a "he" rather than a "they" that was the driving force behind the first investigation. But that's just my opinion.

I see your points of view and hope you are right in that all is kosher, but how many cases have been dismissed over the years due to the state/prosecution not following evidence rules? Maybe the rules of evidence are different in different locations? :shrug:

Here's just a general definition:

"Chain of custody refers to the chronological documentation, and/or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic. Because evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to avoid later allegations of tampering or misconduct which can compromise the case of the prosecution toward acquittal or to overturning a guilty verdict upon appeal. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime - rather than, for example, having been planted fraudulently to make someone appear guilty."



ALLMO,
R

[FDInLaw]

Obviously I agree, solo. To my knowledge, it has not been revealed how or by whom Dunn's dna was collected. However, if anything was done illegally, I would think that Gibbons, the Office of Prosecutor Coordinator, or McQuary would have caught it and called foul rather than using it to jump start a new investigation. Also, it occurs to me that a group of defense attorneys would be particularly well versed in the legality of evidence collection and would know to avoid any pitfalls that might jeopardize the case they were pursuing.



I tend to believe it was the instinct/hunch of a "he" rather than a "they" that was the driving force behind the first investigation. But that's just my opinion.Frost, huh. You're putting a lot on one guy's shoulders. MOO

[The R]

I'm gonna have to quit doing this, but ITA with you again, esp. in light of the fact that Dunn was considered a suspect early on, took a polygraph, and had a criminal record.

It is unfathomable to me as well that the state didn't earlier do the work that KJ's defense team did. I have to admit, learning some of this info has got me scratching my own head as to why I ever thought there might be a plea bargain at all.

ALLMO,
R

You must know something that I don't and can't fathom. The whole idea of the defense team coming up with the true murderer and how they came about it because Robbins "knows" Kevin didn't kill her stinks. Hopefully the prosecution will have information that will make us believe that there is no way that the wrapper was planted, and will make us comfortable about Joe Blow collecting DNA evidence to nail a citizen.


You know I was just kidding. :) Surely you know how hard it is for a man to admit a gal is right? :D


R

[TJEddie]

Frost, huh. You're putting a lot on one guy's shoulders. MOO

No.

(btw, Frost was one of the people thanked by McQuary in his initial press release announcing Dunn's arrest.)

[FDInLaw]

No.

(btw, Frost was one of the people thanked by McQuary in his initial press release announcing Dunn's arrest.)

Then who?

(cut the cryptic chit please)

[TJEddie]

I see your points of view and hope you are right in that all is kosher, but how many cases have been dismissed over the years due to the state/prosecution not following evidence rules? Maybe the rules of evidence are different in different locations? :shrug:

Here's just a general definition:

"Chain of custody refers to the chronological documentation, and/or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic. Because evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to avoid later allegations of tampering or misconduct which can compromise the case of the prosecution toward acquittal or to overturning a guilty verdict upon appeal. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime - rather than, for example, having been planted fraudulently to make someone appear guilty."



ALLMO,
R

I understand what you are saying, R. We don't know at this point if the condom wrapper evidence will be used at trial. For all I know at this point, the condom wrapper evidence was just a "hot tip" that pointed authorities toward a viable suspect who needed further investigation. Its importance to the overall case remains to be seen.

My point was that the condom wrapper evidence has thus far passed the scrutiny of several attorneys.....Gibbons, Arkansas' Office of Prosecutor Coordinator, McQuary, and apparently Dunn's defense attorneys. To my knowledge, we haven't heard a peep out of any of them about tainted or illegal evidence. That may change in the future, but for now I'm content to assume all is well.

Much has been said on here about chain of custody. Once again, if there are valid legal concerns about this, I expect them to be addressed by those who know a lot more about the law than any of us do. We'll see if that becomes an issue down the road.

[lorettalockhorn]

I see your points of view and hope you are right in that all is kosher, but how many cases have been dismissed over the years due to the state/prosecution not following evidence rules? Maybe the rules of evidence are different in different locations? :shrug:

Here's just a general definition:

"Chain of custody refers to the chronological documentation, and/or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic. Because evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to avoid later allegations of tampering or misconduct which can compromise the case of the prosecution toward acquittal or to overturning a guilty verdict upon appeal. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime - rather than, for example, having been planted fraudulently to make someone appear guilty."



ALLMO,
R

Thanks for posting that definition. Chain of evidence is one of the issues that I have a problem with here.

hehehe 66 going on seventeen.

[lorettalockhorn]

I understand what you are saying, R. We don't know at this point if the condom wrapper evidence will be used at trial. For all I know at this point, the condom wrapper evidence was just a "hot tip" that pointed authorities toward a viable suspect who needed further investigation. Its importance to the overall case remains to be seen.

My point was that the condom wrapper evidence has thus far passed the scrutiny of several attorneys.....Gibbons, Arkansas' Office of Prosecutor Coordinator, McQuary, and apparently Dunn's defense attorneys. To my knowledge, we haven't heard a peep out of any of them about tainted or illegal evidence. That may change in the future, but for now I'm content to assume all is well.

Much has been said on here about chain of custody. Once again, if there are valid legal concerns about this, I expect them to be addressed by those who know a lot more about the law than any of us do. We'll see if that becomes an issue down the road.

I'm going to be shocked if the condom wrapper doesn't come in; isn't that what ultimately linked Dunn to Nona?

I don't think the jury will know any more about the law that we do, and I hope they'll be asking the same questions that we do and get more of an explanation than Robbins being on a mission to find justice for Kevin Jones.

[TJEddie]

Then who?

(cut the cryptic chit please)

Frost all but said on the witness stand that he was not the one running the investigation.

"Frost testified the DIRKSMEYER case was his first murder investigation and that he was lead detective in name only and former Chief James Bacon “supervised [him] closely.”

http://www.couriernews.com/archived_story.php?ID=15414&Search=Dirksmeyer

("cryptic chit".......*snicker*. Good one, FD.)

[TJEddie]

I'm going to be shocked if the condom wrapper doesn't come in; isn't that what ultimately linked Dunn to Nona?

I don't think the jury will know any more about the law that we do, and I hope they'll be asking the same questions that we do and get more of an explanation than Robbins being on a mission to find justice for Kevin Jones.

The condom wrapper linked Dunn to Nona before McQuary & Co. launched their official investigation. We don't know what evidence was collected (or how) after that.

I doubt that the jury will be well versed in the law either, but I certainly expect Dunn's defense attorneys to be. If there's a problem with illegally obtained evidence, I expect they will be all over it.

[lorettalockhorn]

The condom wrapper linked Dunn to Nona before McQuary & Co. launched their official investigation. We don't know what evidence was collected (or how) after that.

I doubt that the jury will be well versed in the law either, but I certainly expect Dunn's defense attorneys to be. If there's a problem with illegally obtained evidence, I expect they will be all over it.

Yes, the condom wrapper is what linked Dunn to Nona; that's why I'll be surprised, if it isn't brought up in court. McQuary had to have had a jumping off point and the investigative process will surely be examined.

Yes, I would expect the defense to well-versed in the law. Is there anyone here who doesn't? :rolleyes:

[TJEddie]

Yes, the condom wrapper is what linked Dunn to Nona; that's why I'll be surprised, if it isn't brought up in court. McQuary had to have had a jumping off point and the investigative process will surely be examined.

Yes, I would expect the defense to well-versed in the law. Is there anyone here who doesn't? :rolleyes:

I have no doubt that both sides will be very well prepared......and, as solo has said, armed with facts.

[FDInLaw]

Frost all but said on the witness stand that he was not the one running the investigation.

"Frost testified the DIRKSMEYER case was his first murder investigation and that he was lead detective in name only and former Chief James Bacon “supervised [him] closely.”

http://www.couriernews.com/archived_story.php?ID=15414&Search=Dirksmeyer

("cryptic chit".......*snicker*. Good one, FD.)How quaint. . . you snicker. It would behoove you to post complete thoughts in the future. At least, I'd sure appreciate it. :seeya:

IIRC Bacon wasn't around much. . .

[FDInLaw]

Yes, the condom wrapper is what linked Dunn to Nona; that's why I'll be surprised, if it isn't brought up in court. McQuary had to have had a jumping off point and the investigative process will surely be examined.

Yes, I would expect the defense to well-versed in the law. Is there anyone here who doesn't? :rolleyes:

The defense has just started on the condom wrapper. . .

Both sides agreed that the defense also could have an independent expert examine a condom wrapper found in Dirksmeyer's apartment that authorities say links Dunn to the crime.

The judge said he would rule later on whether the defense must share those findings with the prosecution. The defense wants them kept privileged unless it opts to use them as evidence.
http://www.nwanews.com/adg/National/252698/

They don't even know how they are going to treat it at this point. My hunch is with you, Loretta. . . not only will the wrapper come up during the trial but it may prove to be exhibit A!

[FDInLaw]

"The Russellville Police Department is a very good department," Frost said. "You've got six investigators, and they all worked their tail-ends off in this case. But talk on the street was poor, with not much confidence at all in the investigators."
But he said the RPD ensures its investigators are trained to handle investigations like Dirksmeyer's, even though homicides are rare in the area.
He said although some Arkansas State Police investigators started out at the RPD, and RPD investigators are some of the best-trained in the state, he confirmed the department is not afraid to ask for help with an investigation.
"When we get to a point when we need help, we call for help," he said. "And we have agencies that are more than willing to do that for us ... And we're not arrogant to the point that we would sacrifice an investigation so we could toot our own horn.
"And we've been in contact with numerous investigators from numerous agencies who have had numerous years of experience in homicide investigations."
He said those agencies went above and beyond what were asked of them, but pointed out the long hours of the investigators at the RPD, along with the help of the chief of police, were necessary to get the case done right.
"I may have been in charge of the investigation, but those two (Detectives Carey James and David Virden) really stepped up and did the bulk of our first interviews," he said, noting Detective Jayson Crabb helped process the crime scene and gather evidence.
Frost said because Chief James Bacon came from the Pine Bluff Police Department -- a city with a higher crime rate. "He was our biggest asset. He was very supportive. He took a supportive role in the investigation, and at no time did he try to take over. He was there to help with anything we needed and offered his expertise of past investigations to assist us in ours. Russellville should be very happy to have him as chief."
Frost said although an arrest was made in the case, it is still not over. He continues to conduct interviews, process evidence and meet with the prosecuting attorney weekly.
"I don't expect to file this case away until after the trial," he said.http://www.couriernews.com/archived_story.php?ID=11603&Search=Nona%20Dirksmeyer


Sure seems like a "they" to me. MOO

[lorettalockhorn]

The defense has just started on the condom wrapper. . .

http://www.nwanews.com/adg/National/252698/

They don't even know how they are going to treat it at this point. My hunch is with you, Loretta. . . not only will the wrapper come up during the trial but it may prove to be exhibit A!

Maybe some of the inside information that some seem to be privy to will wend its way down South in my direction. :rolleyes:

[The R]

The defense has just started on the condom wrapper. . .

http://www.nwanews.com/adg/National/252698/

They don't even know how they are going to treat it at this point. My hunch is with you, Loretta. . . not only will the wrapper come up during the trial but it may prove to be exhibit A!


that didn't seem to be that hard to understand!

thanks for the link.

ALLMO,
R

[Amy]

Yes, the condom wrapper is what linked Dunn to Nona; that's why I'll be surprised, if it isn't brought up in court. McQuary had to have had a jumping off point and the investigative process will surely be examined.

Yes, I would expect the defense to well-versed in the law. Is there anyone here who doesn't? :rolleyes:

One would certainly hope so, but as in another case on this board--it would seem (as far as some of the public can see) that not all defense attorneys seem to have a firm grasp on the law, how to prepare and present a defense. I guess, not having read about such concerns, that Dunn's defense team would fit into the well-versed group.

[lorettalockhorn]

One would certainly hope so, but as in another case on this board--it would seem (as far as some of the public can see) that not all defense attorneys seem to have a firm grasp on the law, how to prepare and present a defense. I guess, not having read about such concerns, that Dunn's defense team would fit into the well-versed group.

I'm not sure why TJE made the comment, but I'll assume that Rosenzweig is well-versed. This is a death penalty case, after all.

[TJEddie]

IIRC Bacon wasn't around much. . .

He was the Chief of Police and you don't think he was around much? Anyway, it seems to me he was around plenty when it mattered most.

"Bristow questioned Bacon on his supervision of Frost.
“We met every day, twice a day for 21⁄2 weeks,” Bacon said.”

http://www.couriernews.com/archived_story.php?ID=15414&Search=Dirksmeyer

According to reports on this forum, it was announced at a press conference one week after the murder that RPD had a suspect.



http://www.couriernews.com/archived_story.php?ID=11603&Search=Nona%20Dirksmeyer


Sure seems like a "they" to me. MOO

I'll stand by my opinion that the first investigation was very much steered and directed by one man with very strong ideas and a lot of influence.

[TJEddie]

I'm not sure why TJE made the comment, but I'll assume that Rosenzweig is well-versed. This is a death penalty case, after all.

No "cryptic chit" intended there, Loretta. Jeff Rosenzweig is a criminal defense attorney of some local renown. One of his focus areas is death penalty cases. I'm confident that Dunn will be well represented in court, as he should be.

[lorettalockhorn]

No "cryptic chit" intended there, Loretta. Jeff Rosenzweig is a criminal defense attorney of some local renown. One of his focus areas is death penalty cases. I'm confident that Dunn will be well represented in court, as he should be.

Gee, imagine a death qualified attorney representing a defendent in a death penalty case. Makes sense to me.

Oh yeah. That's why I posted what I did.

I wouldn't exactly categorize your posts as cryptic chit, although I'm as curious as the next guy about whoever it is that had a hard on for KJ. Or supposedly.

And am curious about your confidence about what will and will not be used in court. Is there a leak in the new prosecution team? Maybe you have some information that we haven't read yet. Or better gossip.

[SaraSidle]

:eek:Gee, imagine a death qualified attorney representing a defendent in a death penalty case. Makes sense to me.

Oh yeah. That's why I posted what I did.

I wouldn't exactly categorize your posts as cryptic chit, although I'm as curious as the next guy about whoever it is that had a hard on for KJ. Or supposedly.

And am curious about your confidence about what will and will not be used in court. Is there a leak in the new prosecution team? Maybe you have some information that we haven't read yet. Or better gossip.
Absolutely wonderful post loretta. this TJ seems kind of lost. I have no idea why he would be posting what he is.?!?!?!??:eek:

[jeremiads]

He was the Chief of Police and you don't think he was around much? Anyway, it seems to me he was around plenty when it mattered most.

"Bristow questioned Bacon on his supervision of Frost.
“We met every day, twice a day for 21⁄2 weeks,” Bacon said.”

http://www.couriernews.com/archived_story.php?ID=15414&Search=Dirksmeyer

According to reports on this forum, it was announced at a press conference one week after the murder that RPD had a suspect. The investigators were drilling the hell out of a lot of things and people way past this window you're obsessed with regarding Bacon.

[TJEddie]

And am curious about your confidence about what will and will not be used in court. Is there a leak in the new prosecution team? Maybe you have some information that we haven't read yet. Or better gossip.

I don't believe I've ever expressed confidence about what will and will not be used in court. My posts about the condom wrapper have all been based on personal opinion and gut feeling. Please direct me to any posts that reflect otherwise. I wouldn't want to be misleading.

[TJEddie]

:eek:
Absolutely wonderful post loretta. this TJ seems kind of lost. I have no idea why he would be posting what he is.?!?!?!??:eek:

Thank you, sara. Your post made me smile.

[SaraSidle]

Thank you, sara. Your post made me smile.

whatever. I truly believe in the condom wrapper and I want to see this trial done right for Nona's family........IMO sara

[sololobo]

The buck stopped at Chief Bacon. He knew this and I doubt he would jeapordize his career by letting a rookie homicide detective run this case unchecked. This investigation has Bacon's handprints all over it....and they ain't tacky. Since Frost was familiar with Dunn from the Bona Dea case, I think he may have gone in a different direction if not for the experienced "advice" of his boss. Bacon rolled the dice and lost and is no longer Chief.

[sololobo]

:eek:
Absolutely wonderful post loretta. this TJ seems kind of lost. I have no idea why he would be posting what he is.?!?!?!??:eek:

TJ is not lost. I value and respect his opinions, as do many.

[sololobo]

http://www.couriernews.com/archived_story.php?ID=11603&Search=Nona%20Dirksmeyer


Sure seems like a "they" to me. MOO

Internal differences may have existed in the PD but only a united front would be made public. Publicized discordance within the department would not enhance the integrity of the investigation:)

[jeremiads]

The buck stopped at Chief Bacon. He knew this and I doubt he would jeapordize his career by letting a rookie homicide detective run this case unchecked. This investigation has Bacon's handprints all over it....and they ain't tacky. Since Frost was familiar with Dunn from the Bona Dea case, I think he may have gone in a different direction if not for the experienced "advice" of his boss. Bacon rolled the dice and lost and is no longer Chief.Now when exactly did Bacon step down as chief and move off to another state?

Food for thought.

[FDInLaw]

Now when exactly did Bacon step down as chief and move off to another state?

Food for thought.

I don't get why some are he!! bent on blaming one person. *shaking head*

[sololobo]

Now when exactly did Bacon step down as chief and move off to another state?

Food for thought.

He found employment as a Chief before the trial, before the botched investigation became public, before his reputation as a Chief plummetted. Also, I suspect the beating death of the old man helped him in deciding to leave. What are your thoughts on why he left?

[sololobo]

I don't get why some are he!! bent on blaming one person. *shaking head*

Bacon was Chief of Police of the RPD. The ultimate responsibility rests squarely on his shoulders. And I believe the course of the investigation was heavily influenced by him. In the beginning, I'm sure Dunn was considered a suspect. Who was the driving force that picked Kevin over Dunn? I doubt they all arrived at that decision in unison. What are your thoughts on this? You were closer to the case and your opinion has more facts behind it than mine.

[jeremiads]

He found employment as a Chief before the trial, before the botched investigation became public, before his reputation as a Chief plummetted. Also, I suspect the beating death of the old man helped him in deciding to leave. What are your thoughts on why he left?I don't have thoughts because I don't really care. He was gone, and I remember pretty clearly that there was plenty of investigation still going on after he left the position.

The investigation was apparently screwed up enough as it is, I don't see a reason to start manufacturing more Law & Order drama details.

[sololobo]

I don't have thoughts because I don't really care. He was gone, and I remember pretty clearly that there was plenty of investigation still going on after he left the position.

The investigation was apparently screwed up enough as it is, I don't see a reason to start manufacturing more Law & Order drama details.

Some of us in this community do care. We care a promising young lady was wantonly murdered in her own apartment. We care a young man and his family's lives were devastated by a questionable investigation while possibly a deranged killer was allowed to walk the streets. We care other innocent lives were adversely affected by this investigation. I find it comforting to believe this problem was solved to some degree by the departure of Chief Bacon.

IIRC, the PD had the case solved the week after the murder. Gibbons made them do it again.

[jeremiads]

Some of us in this community do care. We care a promising young lady was wantonly murdered in her own apartment. We care a young man and his family's lives were devastated by a questionable investigation while possibly a deranged killer was allowed to walk the streets. We care other innocent lives were adversely affected by this investigation. I find it comforting to believe this problem was solved to some degree by the departure of Chief Bacon.And some of us care that a possible murderer was able to get off and an innocent man is being scapegoated just to make people feel better about it. And if the current prosecution wants to continue this secretive crap, then I don't see a reason to think otherwise.

IIRC, the PD had the case solved the week after the murder. Gibbons made them do it again.Got a cite for that? Sure as hell didn't feel like it. I wish they would have been done that soon.

[FDInLaw]

Since this thread is for discussion about Gary Dunn, I suggest we start a new one for the RPD or simply use the main thread. While we are at it, we could start a fan club thread for Michael Robbins. Just a thought.

As a rule, for all our sake, it might be nice to stick with the current arrest and pending trial on this thread. JMO Feel free to ignore me.

[sololobo]

Since this thread is for discussion about Gary Dunn, I suggest we start a new one for the RPD or simply use the main thread. While we are at it, we could start a fan club thread for Michael Robbins. Just a thought.

As a rule, for all our sake, it might be nice to stick with the current arrest and pending trial on this thread. JMO Feel free to ignore me.

You are right and I can never ignore you, FD:) I apologize and will toss the soap box and try to stay on topic:)

[sololobo]

Gary Dunn is innocent until proven guilty. What little facts we know at the moment points in his direction. But I do agree with Loretta...I would like to have more evidence than just the condom wrapper to "know" Dunn is the killer. A jury may feel otherwise. I doubt more evidence will be made public until the trial so all we can do here is speculate.

[jeremiads]

Gary Dunn is innocent until proven guilty. What little facts we know at the moment points in his direction. But I do agree with Loretta...I would like to have more evidence than just the condom wrapper to "know" Dunn is the killer. A jury may feel otherwise. I doubt more evidence will be made public until the trial so all we can do here is speculate.The "little facts" don't point at anything specific, so don't overblow them. Here's what we know:

Dunn lived at the apartment complex.
Dunn's DNA was on the condom wrapper.
Dunn has a prior violent conviction.

None of these things point at murder specifically. Sure, they can, but taken even as a group, they don't say "oh yeah, this guy is definitely it. How silly for us not to notice before."

I'll be surprised if there is much of anything substantial made public. Have we even seen the arrest documents for a probable cause statement? Why the hell is this thing so secretive? Dunn doesn't have an entire team of lawyers flooding the public with crap, and the prosecution hasn't been doing the same either. There's no reason for this secrecy and it's completely unsettling.

Some people make it seem like Dunn had evidence pointing towards him that was conveniently ignored by the police, and I don't believe it for a second. If that were the case, you'd have Kevin's lawyers following up with serious (and rightful) lawsuits against the RPD. They haven't done anything of the sort, but Robbins at least has been involved in pointing the finger away from his client even after the trial.

This whole thing stinks right now and about every time I talk to someone in town about it, they don't like it either.

[Mommyto2]

Sorry if it's a repost.....:o

SOURCE OF INFORMATION
Arkansas Administrative Office of the Courts, AR (more info...)




Full Name: Gary Dunn Date of Birth: 08/26/1979
AKAs: Height:
Weight:
Hair Color:
Eye Color:
Race: WHITE
Gender: Male




Case Number: 14
Offense Type: Traffic/Other
Offense Code: 991PU
Offense Description: PROBATION REVOCATION
Date Reported: 05/20/2003
Disposition Date: 05/20/2003

O CRIMINAL OFFENSE 2
Offense Date:
Case Number: 61
Offense Type: Traffic/Other
Offense Code: 991PU
Offense Description: PROBATION REVOCATION
Date Reported: 10/01/2002
Verdict Finding: CONVICTED
Disposition Date: 05/07/2003

O CRIMINAL OFFENSE 3
Offense Date: 08/14/2006
Case Number: 395
Offense Type: Traffic/Other
Offense Code: 554105FC
Offense Description: HINDERING APPREHENSION OR PROSECUTION
Date Reported: 08/28/2006
Verdict Finding: NOT PROCESSED
Disposition Date: 01/09/2007

O CRIMINAL OFFENSE 4
Offense Date: 08/25/2002
Case Number: 478
Offense Type: Traffic/Other
Offense Code: 510102FA
Offense Description: NOT SPECIFIED BY STATE
Date Reported:
Verdict Finding: CONVICTED
Disposition Date: 04/30/2003

T CRIMINAL OFFENSE 5
Offense Date:
Case Number: 61
Offense Type: Bulglary
Offense Code: 539202FD
Offense Description: BREAKING OR ENTERING
Date Reported:
Verdict Finding: CONVICTED
Disposition Date: 05/07/2002

T CRIMINAL OFFENSE 6
Offense Date:
Case Number: 14
Offense Type: Theft/Robbery
Offense Code: 536106FC
Offense Description: THEFT BY RECEIVING
Date Reported: 01/10/2002
Verdict Finding: CONVICTED
Disposition Date: 05/07/2002

T CRIMINAL OFFENSE 7
Offense Date:
Case Number: 61
Offense Type: Theft/Robbery
Offense Code: 536103FB
Offense Description: THEFT OF PROPERTY
Date Reported: 01/25/2002
Verdict Finding: CONVICTED
Disposition Date: 05/07/2002

V CRIMINAL OFFENSE 8
Offense Date: 08/25/2002
Case Number: 478
Offense Type: Assault
Offense Code: 513202FD
Offense Description: BATTERY - 2ND DEGREE
Date Reported: 09/11/2002
Verdict Finding: CONVICTED
Disposition Date: 04/30/2003

[sololobo]

The "little facts" don't point at anything specific, so don't overblow them. Here's what we know:

Dunn lived at the apartment complex.
Dunn's DNA was on the condom wrapper.
Dunn has a prior violent conviction.

None of these things point at murder specifically. Sure, they can, but taken even as a group, they don't say "oh yeah, this guy is definitely it. How silly for us not to notice before."

I'll be surprised if there is much of anything substantial made public. Have we even seen the arrest documents for a probable cause statement? Why the hell is this thing so secretive? Dunn doesn't have an entire team of lawyers flooding the public with crap, and the prosecution hasn't been doing the same either. There's no reason for this secrecy and it's completely unsettling.

Some people make it seem like Dunn had evidence pointing towards him that was conveniently ignored by the police, and I don't believe it for a second. If that were the case, you'd have Kevin's lawyers following up with serious (and rightful) lawsuits against the RPD. They haven't done anything of the sort, but Robbins at least has been involved in pointing the finger away from his client even after the trial.

This whole thing stinks right now and about every time I talk to someone in town about it, they don't like it either.

There is a gag order on this case. We won't hear anything from an official source until the trial.

RPD and the prosecutor's office would be immune from lawsuits pertaining to a case such as this.

Dunn had an alibi and a witness to back him up. However, Dunn lied about his where-abouts during the time of the murder and later recanted as did his witness....somewhat. I assume LE confronted him with proof he was at the complex.

At face value, the condom wrapper implies he was in the apartment at some point in time. He claims he never was. I would like more details on the wrapper but that will have to wait for the trial.

As it now stands, Dunn is the number one suspect. This won't change short of a confession by another until the trial, if indeed it goes to trial. The trial should be interesting. Anyone planning on attending?

[lorettalockhorn]

I'm curious as to why Dunn didn't flee the area once KJ was found not guilty and it was obvious that the defense was not going to let go of their Justice for Kevin campaign. Stayed to be near his mother? Didn't think his DNA would ever be detected and/or matched up? Didn't remember leaving the wrapper in the apartment?

[lorettalockhorn]

There is a gag order on this case. We won't hear anything from an official source until the trial.

RPD and the prosecutor's office would be immune from lawsuits pertaining to a case such as this.

Dunn had an alibi and a witness to back him up. However, Dunn lied about his where-abouts during the time of the murder and later recanted as did his witness....somewhat. I assume LE confronted him with proof he was at the complex.

At face value, the condom wrapper implies he was in the apartment at some point in time. He claims he never was. I would like more details on the wrapper but that will have to wait for the trial.

As it now stands, Dunn is the number one suspect. This won't change short of a confession by another until the trial, if indeed it goes to trial. The trial should be interesting. Anyone planning on attending?

Speaking of the gag order, didn't that go into effect long before Dunn's arrest? I've heard that the Joneses knew specifics about the case and predicted the arrest was imminent. Did McQuary make the mistake or reporting to Robbins who gave this information to Janice Jones, or is she psychic?

Do you have more details about Dunn's alibi? I know that it has been discounted, but don't know (or remember!) the particulars, other than that Mrs. Chenoweth (I believe) was originally the source of the alibi, and that she may have made statements about her medical treatments having altered her memory (which I have a tendency to believe from personal anecdotes that have been shared with me).

[jeremiads]

There is a gag order on this case. We won't hear anything from an official source until the trial.

RPD and the prosecutor's office would be immune from lawsuits pertaining to a case such as this.I can't follow this one, but are you saying police departments and prosecutors are immune from lawsuits if they knowingly and wrongfully prosecute someone maliciously? Because that's what it sounds like some people think happened to Kevin.

Dunn had an alibi and a witness to back him up. However, Dunn lied about his where-abouts during the time of the murder and later recanted as did his witness....somewhat. I assume LE confronted him with proof he was at the complex.

At face value, the condom wrapper implies he was in the apartment at some point in time. He claims he never was. I would like more details on the wrapper but that will have to wait for the trial.

As it now stands, Dunn is the number one suspect. This won't change short of a confession by another until the trial, if indeed it goes to trial. The trial should be interesting. Anyone planning on attending?The fact is they don't have anything concrete on Dunn, just like you'd say they didn't have anything concrete on Kevin. If they did, there wouldn't be a gag order, and even if there were, they would have come out with *that* instead of the little detail about the wrapper.

He's only the number one suspect because he's the only suspect the prosecutors want to pin it on after a new investigation, after a botched initial prosecution of another suspect.

I think it's a damn shame that Kevin has to be effectively ignored in all of this, because all of these "little facts" throw just as much light onto that side of things as it does a "new suspect."

[TJEddie]

PUBLIC SERVICE ANNOUNCEMENT

The reasons for the "secrecy" surrounding this case are well documented.

Judge David Sutterfield ordered the record surrounding the matter sealed following McQuary's appointment.

Both sides agreed to a gag order issued on Sept. 17 following Dunn's arrest.

Source: https://www.couriernews.com/archivedstory.php?ID=20268

In his press release announcing Dunn's arrest, McQuary cited the ABA Rules of Professional Conduct as his guidelines for handling information about the case.

Source:http://www.todaysthv.com/news/addons/NDarrest_statement.pdf

Links to ABA Rules of Professional Conduct cited by McQuary:

http://www.abanet.org/cpr/mrpc/rule_3_6.html

http://www.abanet.org/cpr/mrpc/rule_3_8.html

[FDInLaw]

PUBLIC SERVICE ANNOUNCEMENT

The reasons for the "secrecy" surrounding this case are well documented.

Judge David Sutterfield ordered the record surrounding the matter sealed following McQuary's appointment.

Your Mama must think you are so cute. (LOL) :rolleyes:

Thank you for the reminder.

[lorettalockhorn]

TJE, thanks for the reminder about the date of the gag order. I'm thinking Robbins didn't get the memo. And I'm thinking that Janice Jones had a heads up about the arrest in advance and that it was specifically Dunn who was going to be arrested. And that she had other information about Dunn, including that his girlfriend (or ex-wife?) was a Tech student.

So is that just rumor ya reckon? Or could it possibly be connected to the fact that Robbins doesn't always come off as understanding the actual meaning of a gag order? Or heck, maybe JJ is psychic and there's no connection to the fact that it was the defense who labored to identify Dunn's DNA.

[TJEddie]

Your Mama must think you are so cute. (LOL) :rolleyes:

Thank you for the reminder.

There's more there now. I got to screwing around and hit post prematurely.

[jeremiads]

PUBLIC SERVICE ANNOUNCEMENT

The reasons for the "secrecy" surrounding this case are well documented.

Judge David Sutterfield ordered the record surrounding the matter sealed following McQuary's appointment.

Both sides agreed to a gag order issued on Sept. 17 following Dunn's arrest.

Source: https://www.couriernews.com/archivedstory.php?ID=20268

In his press release announcing Dunn's arrest, McQuary cited the ABA Rules of Professional Conduct as his guidelines for handling information about the case.

Source:http://www.todaysthv.com/news/addons/NDarrest_statement.pdf

Links to ABA Rules of Professional Conduct cited by McQuary:

http://www.abanet.org/cpr/mrpc/rule_3_6.html

http://www.abanet.org/cpr/mrpc/rule_3_8.htmlThe ABA Rules of Professional Conduct have nothing to do with the gag order, and I would hope you would know better than to make this sort of stretch. This sort of conduct code is supposed to be followed regardless.

But cute, though. I'll wait for someone to point out the real reasons, if any have been made public.

[TJEddie]

TJE, thanks for the reminder about the date of the gag order. I'm thinking Robbins didn't get the memo. And I'm thinking that Janice Jones had a heads up about the arrest in advance and that it was specifically Dunn who was going to be arrested. And that she had other information about Dunn, including that his girlfriend (or ex-wife?) was a Tech student.

So is that just rumor ya reckon? Or could it possibly be connected to the fact that Robbins doesn't always come off as understanding the actual meaning of a gag order? Or heck, maybe JJ is psychic and there's no connection to the fact that it was the defense who labored to identify Dunn's DNA.

I may be missing something here. As I understand it, the defense team made the dna match before any records were sealed or any gag orders issued.

[lorettalockhorn]

I may be missing something here. As I understand it, the defense team made the dna match before any records were sealed or any gag orders issued.

Maybe I'm not remembering correctly, but I thought Robbins had spoken about the DNA search after the gag order. Is he not a party to the case? A witness most likely? If it's true that JJ knew of an arrest, and specifically Dunn's arrest before it occurred, and the identity of Dunn's girlfriend or ex-wife, and that she was a Tech student, wouldn't that information have likely come from someone in contempt of the gag order? Just a lucky guess? ESP?

[FDInLaw]

On Wednesday, Michael Robbins, one of three attorneys who represented Jones during his trial for Dirksmeyer’s murder, issued a press release to several media outlets in which he claimed the defense team — in conjunction with ongoing efforts to realize “Justice for Kevin Jones,” in addition to Dirksmeyer — recently received information that DNA found on a condom wrapper at the scene had been matched to a “viable suspect” in the case.
During Jones’ trial, prosecutors argued the condom wrapper — on which experts previously found Y-chromosome DNA exclusive of Jones — may have been a “trigger,” sending Jones — who told police he and Dirksmeyer did not use condoms — into a fit of rage.
Following MCQUARY’s appointment, Sutterfield ordered the record surrounding the matter sealed “subject to further order of [the] court following completion of [the] investigation,” citing the possibility that “the premature release of sensitive information surrounding [the] investigation” might jeopardize both MCQUARY’s and law enforcement’s ability to effectively proceed with the investigation, according to his release.https://www.couriernews.com/archived_story.php?ID=17620&Search=mcquary

Story date: Feb. 9, 2008

[FDInLaw]

Unfortunately, someone felt the need to talk about Dunn publicly back in January 2008. . .which resulted in Birdie's post here. This sort of behavior could have tipped Dunn off and we are very fortunate that the State was able to complete their investigation in time. That's just it. . . for some "Justice for Kevin" is all that this is about. Call me ungrateful, but certain individuals will never be heroes in my eyes. The Dateline stunt is proof of this in and of itself. IMO

[lorettalockhorn]

Unfortunately, someone felt the need to talk about Dunn publicly back in January 2008. . .which resulted in Birdie's post here. This sort of behavior could have tipped Dunn off and we are very fortunate that the State was able to complete their investigation in time. That's just it. . . for some "Justice for Kevin" is all that this is about. Call me ungrateful, but certain individuals will never be heroes in my eyes. The Dateline stunt is proof of this in and of itself. IMO

Yes'm!

Personally I get the feeling that birdie is someone who is connected to Dunn's past. Or connected to someone who is connected to Dunn. Someone who may have troubles of his own.

I think The State will have to not only very carefully lay out there case, but connect some dots for the jury as to how each step of the process was carried out.

[jeremiads]

The Dateline stunt is proof of this in and of itself. IMOThere hasn't been a single day where I've ever regretted not talking to any of these clowns, Dateline or 48 Hours.

[The R]

may have already been posted, but here's an interesting snippet from the 48 Hours report dated 02-09-2008:


"And Janice Jones may get her wish. Remember that DNA they found on the condom wrapper? After the trial, Kevin's defense team continued looking for a match, and just three days ago, attorney Michael Robbins announced that they had found one.

"I think this person is a viable suspect and the investigation into this individual needs to go forward,” Robbins tells 48 Hours.

The person matched to the DNA has not been publicly named. But now, a special prosecutor has been appointed to look into the case.

"Hopefully it will eliminate all doubt that I was the person that did this," Kevin says."


ALLMO,
R

[TJEddie]

Unfortunately, someone felt the need to talk about Dunn publicly back in January 2008. . .which resulted in Birdie's post here. This sort of behavior could have tipped Dunn off and we are very fortunate that the State was able to complete their investigation in time. That's just it. . . for some "Justice for Kevin" is all that this is about. Call me ungrateful, but certain individuals will never be heroes in my eyes. The Dateline stunt is proof of this in and of itself. IMO

birdie certainly seemed to have his sources......seems I saw him described as sort of a courthouse rat, always hanging around eavesdropping, etc. (Or did I just conjure that picture up in my head?) Anyway, who knows what his source was for that particular tidbit? By January 2008, I would imagine the info on Dunn's identity had passed through several hands.....the Jones team, the prosecutor's office, the Office of Prosecutor Coordinator, etc. I guess it's lucky the info didn't leak farther than it did. You made a good call on having his post removed from this board.

[upallnight]

So they want indep eval so they can use it in the penalty phase if needed?
From the article:
Client’s defense still ‘that of innocence,’ attorneys say; results would be admissible only during penalty phase of capital murder trial.
Defense lawyers want the judge to order statements Dunn makes in the independent evaluation to “be held to be inadmissible unless Dunn places his relevant mental state at issue in a trial. IMO, Dunn will not make his mental state an issue unless the findings of that exam may help his defense. So the pro.s can not get a copy of the indep. eval otherwise?
Also: Any mental health evaluation conducted by the State Hospital is limited to “determinations of competency to stand trial and opinions as to sanity at the time of the offense.” Prosecutors would also have access to the results.

Did KJ have a mental eval? I don't remember his having one. Wonder why all the hoop la on Dunn getting one. Difference in attorney's approach? A just in case Dunn is convicted as back up so he has a chance at life not death under a Capital Murder case. Are these defense attorney's just coving all things possible for their client? Do they know something we don't know? Ugggh, so many questions. There must be more to the story, or maybe this is normal for a Capital Murder case. Does anyone know? I still wonder, does anyone know if Dunn's DNA was on a database after the Bona Dea thing? Since he was charged with a non sex crime maybe not. I sure would like to know because if so, if his DNA was already on file, why did they need to get it again if they already had it. Surely it was not on file already. If it was I just don't get it. If it was not on file and they suspected him, well-that makes more sense. But then again, why did they wait so long-why did they have KJ on trial, they knew he was in Nona's apartment. Seems to me Dunn did not know Nona and had no reason for his DNA to be on a c-wrapper found in her apartment. Seems like the pro.'s should have been as interested in getting the DNA off the c-wrapper as the defense no matter what in the first place. It just seems to me there was a long span between a trial come and gone and a DNA match and a new arrest shortly after the KJ trial was over. Could that wrapper have been planted? Or was it just sadly missed due to incorrect testing? Was this new way to test DNA so new the RPD did not know of it? New pro.'s must have come up with more evidence I hope. Or is it just the DNA matched Dunn off the c-wrapper due to the new test from the new lab. Mark Frost was told I think one or the other, finger prints or DNA test, not both, he went with finger print testing. One test might mess up the other so to say if I remember correctly. The state should have the availability of the best of the best testing methods at all times no matter what and the lab that was able to get the DNA off the C-wrapper should have came forward with the method of testing in the beginning and it should not have took the defense and their clients to get there first. That is what bothers me, that DNA on that c-wrapper and the time span it took to get it is just a fact that I don't seem comfortable with. I know DNA has solved crimes years later in some cases and that is good if it was done correctly. I really hope those chain of custody's was done right and it can be proven as so. I also hope they have more on Dunn if he is guilty. If Dunn killed Nona I hope the pro.'s have enough to leave no doubt. As it stands with me, I am still searching for the truth and it has not jumped out so to say! At this point I look forward to the trial to see if the truth is there and Carol can know one way or the other. God Bless her, she has so much to endure! Still so much could come out that we have no idea about or nothing more come out than we already know. Just so sad, so very sad. We love you Nona-Carol needs watching over and I know you are!:rose:

http://www.couriernews.com/story.php?ID=20689

See Link for complete article.
Dunn seeks own mental exam


Story date: Feb. 17, 2009

Client’s defense still ‘that of innocence,’ attorneys say; results would be admissible only during penalty phase of capital murder trial

(AP) — A man charged with killing an Arkansas Tech student at her South Inglewood Avenue apartment wants a judge to allow him to have an independent medical examination, which would come into play if he is convicted.
Gary Dunn, 29, of Dover, pleaded not guilty to capital murder for the 2005 killing of Nona Dirksmeyer, 19. A hearing is scheduled for 1:30 p.m. today in Pope County Circuit Court before Circuit Judge Bill Pearson in advance of an April 13 trial.
Lawyers for Dunn, Jeff Rosenzweig and William O. James Jr., both of Little Rock, said in a motion that prosecutors can ask for the death penalty if Dunn is convicted.
“(Dunn’s) defense is that of innocence. He does not challenge his competency to stand trial. Therefore, there is no necessity for an examination at the Arkansas State Hospital,” the motion stated.
A gag order is in effect, preventing parties involved from discussing the case.
Authorities previously said Dunn lived in the same apartment complex that Dirksmeyer lived in when she was bludgeoned to death Dec. 15, 2005. Dirksmeyer’s boyfriend, Kevin Jones, was charged with first-degree murder but a jury found him not guilty in 2007.
A press release issued by Michael Robbins, one of Jones’ defense lawyers, pointed to a condom wrapper with DNA evidence that was found in the apartment. . .
Among other items up for consideration Tuesday before Pearson is a defense request to delay the trial.
If Dunn is convicted, his lawyers want to be able to present a mental health expert of their own during the penalty phase of the trial, which will focus on whether the defendant should be executed or given life in prison without parole.
Any mental health evaluation conducted by the State Hospital is limited to “determinations of competency to stand trial and opinions as to sanity at the time of the offense.” Prosecutors would also have access to the results.
In addition to asking for Public Defender Commission funds for the mental evaluation, defense lawyers want the judge to order statements Dunn makes in the independent evaluation to “be held to be inadmissible unless Dunn places his relevant mental state at issue in a trial.”
http://www.couriernews.com/story.php?ID=20689 (http://www.couriernews.com/story.php?ID=20689)

[FDInLaw]

birdie certainly seemed to have his sources......seems I saw him described as sort of a courthouse rat, always hanging around eavesdropping, etc. (Or did I just conjure that picture up in my head?) Anyway, who knows what his source was for that particular tidbit? By January 2008, I would imagine the info on Dunn's identity had passed through several hands.....the Jones team, the prosecutor's office, the Office of Prosecutor Coordinator, etc. I guess it's lucky the info didn't leak farther than it did. You made a good call on having his post removed from this board. True, and you are right. . .there are a number of people that could have been careless with the information.

[upallnight]

All convicted felons have their DNA taken in Arkansas. It is taken either at court/by the prison/or by the Parole/Probation Officer.The only reason they wouldn't have it on file is because of the huge backlog in Little Rock.
http://www.ncsl.org/programs/cj/dnadatabanks.htm

I still want to know if they already had his DNA of file, even if they was backed up why did they not speed up Dunn's for something like this case. Seems that would have been priorty one. If they did have it already and got it again, that seems suspect to me. What reason would they have to need it again? That is what the DNA database is for. Could the DNA swab from Dover got into the wrong hands, by whom and how was the c-wrapper sent to the lab that matched the two. Chain of Custody is just another thing unless done properly. Hopefully there was not to many hands in the pool so to say. And this all done after KJ's trial was over. Sure there was DNA on the wrapper long before KJ's trial was over, but was it the same DNA that was identified as Dunn's. Lord, seems unlikely something like this could happen but one never knows. Just blows my mind. Seems more likely if planted the wrapper would have been taken around his apartment trash or etc. I just hope this trial does not end up with more questions than answers. Still, that stick is missing-has it been found? Dunn's and Nona's DNA was on that wrapper, planted or else wise. No one saw any vehicles that was suspect the date and timeline of the murder. It does bother me that Dunn lived right next door and had somewhat easy route to safety of being caught. Dunn did not disput his mother saying the first time around that he was with her. KJ and GD look alike in some ways. From a distance, they may look much the same. Did one set the other up? Lord, I could think of so many questions. Maybe GD did kill Nona and just left that wrapper behind not thinking. But then again KJ's granny sure gave him an alibi months later that was not agreed upon by all. KJ walked. I hope KJ did not kill Nona. IMO, it would be harder knowing Nona was killed by someone that was suppose to love her and as a parent you trusted them with your daughter's life. I find myself wishing google earth could trace the movements at Nona's apartment that horrible day. Sometimes the truth seems so far away but there is always hope and maybe they have more than we know. Maybe the truth is there in the new investigation evidence and just waiting until the right time. The truth may not be Dunn killed Nona, then again it may be. One thing is for sure, any new evidence is evidence that was not presented before and maybe they do have the right person on trial this time. We may all be asking ourself why did they not show such evidence the first time. Maybe they did not have it then and it was overlooked or something. Then again maybe they have that one thing that ties Dunn into the murder beyond rd in the minds of the jury and the people who love and care about Nona and the public in general. That is what I hope for if Dunn did kill Nona. So much evidence that the truth of who killed Nona be known to all. I guess no matter if the RPD did mess up we only could go by the evidence they set forth. Maybe there is more. I still need to hear and see what all they have against Dunn to form an opinion as to his guilt or not. That's all we can do is go by what the evidence is after all, there is no crystal ball. I wish there was. But if Dunn's DNA was sitting in Little Rock backlogged but could have been processed due to him being suspect-that in it's self is bad! But still, Frost said he had finger prints tested off the wrapper not DNA because both was not an option. Well, for a very long time it seems Robbins spoke of a viable suspect from the dna on the wrapper, no name. Then bam, a sample of Dunn's DNA was taken local and a match was made-after KJ's trial was over. This new testing method that was not available to prosecution I guess. The defense seemed to have found it or it found them-I am not sure. Would love to know more on that and love to know for sure if Dunn's DNA was already on file, backlogged or anywhere in the system. OK, I am done for now, ughhhh-just thinking out loud so to say. For Nona and Carol-:rose::rose::rose: over 3-years to long, I pray for the truth to be known soon.

[lorettalockhorn]

Hey Upall! Glad to see you back. You've got a lot of the same questions that I do.

[upallnight]

So first the y crom dna was found, could be used to rule out someone. Dunn was not ruled out maybe? Then Pheifer got a dna swab and the c wrapper was sent to another lab with a test that could get dna off the wrapper that may have been contaiminated by other testing? Bita bam-nuclear dna match using the swab Phiefer took from GD? Who requested this dna Rodney took to be looked at for this case I wonder? This lab, that lab, this suspect, that suspect. Chain of Custody and so forth and so on. I hope they have more. I don't think Robbins knows if Gary and Nona knew each other. I do believe he knew he had a past of violence and has been after him from the get go, wrong or right. But somehow there is a dna match on GD and that wrapper. IMO Robbins has had a part in this from day one. Either way, I hope his intensions are good and honest in the best interest of Justice For Nona and the safety of the public. I know he wants KJs name cleared and IMO if the jury convicts Dunn and there is overwhelming evidence that he is guilty-it makes Robbins look good. All just IMO. I have no problem with the truth, just getting there is so many questions and for Nona's family to have to go it all again is sad. But-maybe in the end the truth will prevail. I do think the new investigation has more than we know and they really believe they have Nona's killer in jail to face trial. Reguardless of any mistakes made prior, I feel it is good to be investigated again with new eyes. There is more of a chance for the truth. I for one would love to know why KJ's prints was on that bulb and if the evidence they have against Dunn out weighs the evidence they had against KJ. They could have a mountain of evidence against Dunn or just the one thing they need to convict him. I guess having it and how they got it is the question.

Yes, I think that exchange is called consideration. If I remember correctly, Robbins is also the one who somehow knows that Gary Dunn and Nona Dirksmeyer didn't know each other. I don't see how he can be so sure about that one either.

One thing that I wonder about is the integrity of the DNA evidence on the condom wrapper. That thing has been through the ringer with the super glue, multiple DNA tests, etc. I admit I have no idea how all that works.

[upallnight]

Hey Upall! Glad to see you back. You've got a lot of the same questions that I do.

Hi Friend, yes, so many questions! More now than before I think. I just know it would take good hard evidence to change my opinion. But that is why it is a trial and evidence is presented I guess. Nice to see ya! Hope all is well your way. The Caylee case just broke my heart. I wish it would have had a different out come. That sweet baby girl is in the arms of the Lord I know but just so very sad such terrible things happen. Now the other little girl, Haylee I think in Florida missing-oh, it is terrible. I pray they find her alive and well.

[upallnight]

But the defense team did not own that c wrapper or the dna from Dunn. They represented KJ and I guess still do so to say. Who gave them permission to have that wrapper sent to the other lab and not to mention the dna taken by Phiefer, is that what was used for the match? Was it Robbins in contact with new investigator along side the Jones family or what? Not saying it was not done it pursuit of Justice For Nona, or atleast I would hope so. But, Robbins IMO is known for searcing high and low for Justice for Kevin -IMO only. I also saw them drill Jerimaid at KJ's trial. They (the defense) tried to cast guilt in his direction and drilled him to the point of making him tell detailed things about his and Nona's relationship that I feel had no need to be said. After all, KJ had his own relationships and it seemed to me KJ was protected as to not have to go into detail on such matters. Jerimaid seemed to have a high respect for Nona and I believe them drilling him on such things was uncalled for. He was not on trial, KJ was but the defense tried to cast doubt in jury's mind by their questions to him and Trey York. I will tell you Jerimaid is being honest on what happened in the KJ trial. I know somethings had to be testified to but I feel they went to far with Jerimaid. And, had little respect for Nona's mom sitting in that court room. Totally uncalled for IMO. I was there and he is being honest. As far as before the trial and Jerimaid, I was not there but from what he testified to in court, they did try their best to put the guilt on him. I know this is not what your post was about but just wanted to let you know I think Jerimaids heart is in the right place and Justice For Nona is what he wants. He believes what he believes but evidence tells the story and I am sure that is what he is going by. Any new evidence, I am sure he will take it all in to consideration in the pursuit of Justice For Nona as we all will.
I do think you are right and the dna was matched and later the gag order was issued etc. IMO, maybe dna was taken from Dunn for more reasons than the investigation of his mom's missing items. Would love to know if anything was found on her property that may tie into Nona's case. You know as well as I do that gag orders are what they are but people talk reguardless it seems IMO, should they-no, but as we have seen before they do. I just hope it does not hurt the case, that would be terrible.

Anyway TJ, hopefully we all have our hearts in the right place and I for one am thankful for this thread. It helps to talk about things even though we may not all agree on all things said here but for the most part we all seem to be seeking the truth. Good night and sweet dreams to all! :seeya:

I may be missing something here. As I understand it, the defense team made the dna match before any records were sealed or any gag orders issued.

[sololobo]

I can't follow this one, but are you saying police departments and prosecutors are immune from lawsuits if they knowingly and wrongfully prosecute someone maliciously? Because that's what it sounds like some people think happened to Kevin.

The fact is they don't have anything concrete on Dunn, just like you'd say they didn't have anything concrete on Kevin. If they did, there wouldn't be a gag order, and even if there were, they would have come out with *that* instead of the little detail about the wrapper.

He's only the number one suspect because he's the only suspect the prosecutors want to pin it on after a new investigation, after a botched initial prosecution of another suspect.

I think it's a damn shame that Kevin has to be effectively ignored in all of this, because all of these "little facts" throw just as much light onto that side of things as it does a "new suspect."

RPD believed they had the right man. No lawsuit.

A condom wrapper found a few feet from the body with Dunn's and Nona"s DNA is concrete considering Dunn claims he didn't know her and was never in the apartment. Lying about his alibi is concrete. The trial may prove these oatmeal. As it stands now, with what little we know, Dunn is wearing a pair of concrete boots.

I don't see how these "little facts" implicate Kevin. Elaborate, please.

[sololobo]

The ABA Rules of Professional Conduct have nothing to do with the gag order, and I would hope you would know better than to make this sort of stretch. This sort of conduct code is supposed to be followed regardless.

But cute, though. I'll wait for someone to point out the real reasons, if any have been made public.

The gag order is reason for the secrecy. Do you suspect a conspiracy? If so, who all would be involved?

[sololobo]

Justice for Nona, justice for Kevin,....and justice for Gary Dunn. There has been much discussion on this board as to which is more important. Each has proponents and detractors here but all have equal weight in the eyes of the law. "and justice for all"......the last four words of the Pledge of Allegiance. From reading this board, I assume the following. Justice for Nona means finding her killer. Justice for Kevin means clearing his name. Justice for Gary Dunn is yet to be determined, whether it results in his conviction or exoneration. I sincerely hope in the near future, truth is revealed and justice for all is eventually realized.

[jeremiads]

RPD believed they had the right man. No lawsuit.That's your view. Others apparently think it was a conspiracy against Kevin.

A condom wrapper found a few feet from the body with Dunn's and Nona"s DNA is concrete considering Dunn claims he didn't know her and was never in the apartment. Lying about his alibi is concrete. The trial may prove these oatmeal. As it stands now, with what little we know, Dunn is wearing a pair of concrete boots.

I don't see how these "little facts" implicate Kevin. Elaborate, please.They don't implicate Kevin by themselves, but they don't do anything to discredit the original prosecution against him. All of the things mentioned about Dunn can still make sense in the context of Kevin being the suspect.

[jeremiads]

The gag order is reason for the secrecy. Do you suspect a conspiracy? If so, who all would be involved?When there is secrecy without a good reason given, it looks and feels bad. The first gag order in the original case, in context, made sense.

This one? There's nothing in the situation that makes me feel that it is justified.

[jeremiads]

upallnight - I was never in the courtroom. Kevin's lawyers, Robbins in particular, tried to make me think that they'd have me sitting there for two weeks on their whim, but they quickly backed down on going after me during the actual trial in the last few days and decided to go after York.

[FDInLaw]

upallnight - I was never in the courtroom. Kevin's lawyers, Robbins in particular, tried to make me think that they'd have me sitting there for two weeks on their whim, but they quickly backed down on going after me during the actual trial in the last few days and decided to go after York.
Glad you posted something. . . I was racking my brain, I was certain that you never took the stand! They did the same thing to Duane, never called on him to testify but he had to wait around just in case. Kind of sad that he could not sit in the courtroom and support Carol.

[upallnight]

Oh, I must think you are someone you are not. But the one who did testify was drilled beyond reason. Sorry for the mix up. I know I did get 2 people confused at times. Also if they drilled you the way they drilled the other guy I got confused with you-well, it was not good. Again, sorry for thinking you was someone else. I will watch that for sure.
upallnight - I was never in the courtroom. Kevin's lawyers, Robbins in particular, tried to make me think that they'd have me sitting there for two weeks on their whim, but they quickly backed down on going after me during the actual trial in the last few days and decided to go after York.

[lorettalockhorn]

Local attorney pleads no contest to drug charge

A former public defender for the 15th Judicial District pleaded no contest Thursday to simple possession of a controlled substance, a Class C felony.
Timothy “Seth” Irwin, 41, was sentenced to 60 months probation, 180 days in a regional correctional facility and fined $1,850 by Circuit Judge Mike Medlock after being arrested April 4, 2008, and charged two weeks later with purchasing 14 grams of cocaine from a confidential informant with the 15th Judicial District Drug Task Force (DTF).
“I’m not tore up about this other than the way it’s going to affect other people,” Irwin said Thursday after receiving his sentence.
Medlock ordered Irwin to report to the Pope County Detention Center between 8 a.m. and noon on March 23 to begin serving his 180 days of regional punishment. Irwin received credit for four days already served. He will not serve his sentence at the Pope County Detention Center, but at an undisclosed regional facility.
Medlock of the 21st Judicial District heard Irwin’s case after all four circuit judges assigned to the 5th Judicial District signed an order in April recusing themselves from the local attorney’s case.
Stark Ligon, executive director of the Office of Professional Conduct, said he would need to see the judgment and disposition before he could say for certain if Irwin would be able to continue to practice law. He added, however, that if an attorney has pleaded guilty or no contest to a felony charge, they have a duty to report to his department.
“That’s a Class C felony, and generally that would be a basis for going to the committee on a disbarment,” Ligon said. “But I need to see the actual document, because that’s what we have to attach to a petition.”
Co-defendant David Alan Stringer, 42, who also participated in the transaction, pleaded guilty Monday to simple possession of a controlled substance. He was sentenced to 60 months probation and fined $1,850 by Circuit Judge William Pearson.
According to a probable-cause statement filed in circuit court, Irwin and Stringer were arrested after DTF agents contacted Arkansas State Police Special Agent Tony Haley, who is assigned to the 5th Judicial District Drug Task Force. The DTF agents told Haley about an informant who said he provided Irwin with cocaine on three occasions in exchange for legal services, according to the document.
The informant, equipped with an electronic monitoring device and 15.2 grams of cocaine, subsequently made arrangements with Irwin to meet at Irwin’s West Second Street office, according to the state. Once there, the informant advised Irwin he had 14 grams of cocaine with him, according to the statement, which alleged after Irwin introduced the informant to Stringer and after Irwin and Stringer “discussed how many 8-balls that would be (sic),” Stringer gave the informant $600 in exchange for the drugs.
Both Irwin and Stringer, who Irwin during one telephone conversation with the informant described as a friend who “could be trusted,” according to the statement, were apprehended by authorities as they exited the building.

http://couriernews.com/story.php?ID=20919

[lorettalockhorn]

September trial set in beauty queen slaying

The Dover man charged with capital murder in the 2005 slaying of Nona Dirksmeyer will face a jury trial Sept. 28, according to court documents filed earlier this week.
Gary W. Dunn, 29, who remains in police custody, was previously to stand trial in connection with the Dec. 15, 2005, homicide April 13. Defense attorneys Jeff Rosenzweig and William O. James Jr. requested a continuance in the case Feb. 17, citing the “huge amount” of information gathered as a result of two investigations into the 19-year-old Dirksmeyer’s death — an initial one that culminated in the arrest of Kevin N. Jones of Dover, Dirksmeyer’s boyfriend, who was later acquitted of the crime, and the subsequent one that led to Dunn’s arrest.
Little Rock attorney Jack McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, indicated at the Feb. 17 hearing the state was seeking the death penalty against Dunn “at this point in time.”
Defense attorneys have not yet filed a motion for a change of venue in the case, although Rosenzweig previously indicated they would likely do so.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley and a student at Arkansas Tech University at the time of her death.
McQuary released information at the time of Dunn’s arrest that indicated DNA found on a condom wrapper near Dirksmeyer’s body was matched to both Dunn and Dirksmeyer. Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at Jones’ trial.
In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a “viable suspect” in the case. Robbins said defense lawyers gave the material to prosecutors.
Pope County Circuit Judge Bill Pearson has yet to issue a ruling on a prior motion filed by Dunn’s attorneys for an independent examination of the condom wrapper.

http://couriernews.com/story.php?ID=21035

[The R]

September trial set in beauty queen slaying

The Dover man charged with capital murder in the 2005 slaying of Nona Dirksmeyer will face a jury trial Sept. 28, according to court documents filed earlier this week.
Gary W. Dunn, 29, who remains in police custody, was previously to stand trial in connection with the Dec. 15, 2005, homicide April 13. Defense attorneys Jeff Rosenzweig and William O. James Jr. requested a continuance in the case Feb. 17, citing the “huge amount” of information gathered as a result of two investigations into the 19-year-old Dirksmeyer’s death — an initial one that culminated in the arrest of Kevin N. Jones of Dover, Dirksmeyer’s boyfriend, who was later acquitted of the crime, and the subsequent one that led to Dunn’s arrest.
Little Rock attorney Jack McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, indicated at the Feb. 17 hearing the state was seeking the death penalty against Dunn “at this point in time.”
Defense attorneys have not yet filed a motion for a change of venue in the case, although Rosenzweig previously indicated they would likely do so.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley and a student at Arkansas Tech University at the time of her death.
McQuary released information at the time of Dunn’s arrest that indicated DNA found on a condom wrapper near Dirksmeyer’s body was matched to both Dunn and Dirksmeyer. Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at Jones’ trial.
In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a “viable suspect” in the case. Robbins said defense lawyers gave the material to prosecutors.
Pope County Circuit Judge Bill Pearson has yet to issue a ruling on a prior motion filed by Dunn’s attorneys for an independent examination of the condom wrapper.

http://couriernews.com/story.php?ID=21035


thanks for the update!

[TJEddie]

September trial set in beauty queen slaying

The Dover man charged with capital murder in the 2005 slaying of Nona Dirksmeyer will face a jury trial Sept. 28, according to court documents filed earlier this week.
Gary W. Dunn, 29, who remains in police custody, was previously to stand trial in connection with the Dec. 15, 2005, homicide April 13. Defense attorneys Jeff Rosenzweig and William O. James Jr. requested a continuance in the case Feb. 17, citing the “huge amount” of information gathered as a result of two investigations into the 19-year-old Dirksmeyer’s death — an initial one that culminated in the arrest of Kevin N. Jones of Dover, Dirksmeyer’s boyfriend, who was later acquitted of the crime, and the subsequent one that led to Dunn’s arrest.
Little Rock attorney Jack McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, indicated at the Feb. 17 hearing the state was seeking the death penalty against Dunn “at this point in time.”
Defense attorneys have not yet filed a motion for a change of venue in the case, although Rosenzweig previously indicated they would likely do so.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley and a student at Arkansas Tech University at the time of her death.
McQuary released information at the time of Dunn’s arrest that indicated DNA found on a condom wrapper near Dirksmeyer’s body was matched to both Dunn and Dirksmeyer. Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at Jones’ trial.
In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a “viable suspect” in the case. Robbins said defense lawyers gave the material to prosecutors.
Pope County Circuit Judge Bill Pearson has yet to issue a ruling on a prior motion filed by Dunn’s attorneys for an independent examination of the condom wrapper.

http://couriernews.com/story.php?ID=21035

I've seen varying reports on what this pending ruling pertains to. I wonder which is correct.

"Both sides agreed that the defense also could have an independent expert examine a condom wrapper found in Dirksmeyer's apartment that authorities say links Dunn to the crime.

The judge said he would rule later on whether the defense must share those findings with the prosecution. The defense wants them kept privileged unless it opts to use them as evidence."

http://www.recordtimes.com/adg/National/252698/

(And thanks for the update, loretta.)

[SaraSidle]

I've seen varying reports on what this pending ruling pertains to. I wonder which is correct.

"Both sides agreed that the defense also could have an independent expert examine a condom wrapper found in Dirksmeyer's apartment that authorities say links Dunn to the crime.

The judge said he would rule later on whether the defense must share those findings with the prosecution. The defense wants them kept privileged unless it opts to use them as evidence."

http://www.recordtimes.com/adg/National/252698/

(And thanks for the update, loretta.)


thanks loretta. this is just taking too long. IMO sara

[iluvmua]

Do they have other DNA evidence that links Gary Dunn to the murder of Nona Dirksmeyer like Blood, Fingerprints etc. or do they just have the Condom Wrapper?

[FDInLaw]

Do they have other DNA evidence that links Gary Dunn to the murder of Nona Dirksmeyer like Blood, Fingerprints etc. or do they just have the Condom Wrapper?
From what I've read, we don't know yet. We will most likely have to wait until trial to find out.


:seeya:

[TJEddie]

Forensics aside, I'm wondering how Dunn's alibi was dismantled two years after the fact. Did someone sell him out? If so, what might that person (or other persons) know about what actually went on that day? As has been noted, it looks like we'll have to wait to see the evidence, but I think there might well be things that fall outside the realm of forensics. Just a guess.

[iluvmua]

I too would like to know what went on that day

Surely Nona would have been screaming or something.

[TJEddie]

I too would like to know what went on that day

Surely Nona would have been screaming or something.

I expect the case against Dunn to present a much more complete and convincing picture of that day's events than was presented the first time around. Hopefully this case will be based more on supported facts and less on conjecture.

As for Nona's reaction to the attack, I think individual instinctive reactions to that type of situation are highly variable. Some fight, some run, some hunker down, some just freeze. If the attack on Nona mirrored the blitz-style Bona Dea attack, I'd say she probably had very little time to process what was happening before it was too late.

[FDInLaw]

I expect the case against Dunn to present a much more complete and convincing picture of that day's events than was presented the first time around. Hopefully this case will be based more on supported facts and less on conjecture.

As for Nona's reaction to the attack, I think individual instinctive reactions to that type of situation are highly variable. Some fight, some run, some hunker down, some just freeze. If the attack on Nona mirrored the blitz-style Bona Dea attack, I'd say she probably had very little time to process what was happening before it was too late.

Are your feelings here based on tangible reasons or just wishful thinking?


Nona's struggle was so different from Anne Pressly's. There are reasons why people respond differently. The knife wounds seem to suggest an element of torture and/or control. I still wonder if she knew the person and simply did not realize at first that she needed to fight for her life. Poor Anne, she might still be with us if it wasn’t for the way she tore into her attacker. Bless her heart. :rose: Sadly, this was not the case in Nona’s situation. Someone wanted her dead period.

[TJEddie]

Are your feelings here based on tangible reasons or just wishful thinking?

Some of both, I suppose. (Not to be taken as an indication that I know anything more than has been made public, though.)


Nona's struggle was so different from Anne Pressly's. There are reasons why people respond differently. The knife wounds seem to suggest an element of torture and/or control. I still wonder if she knew the person and simply did not realize at first that she needed to fight for her life. Poor Anne, she might still be with us if it wasn’t for the way she tore into her attacker. Bless her heart. :rose: Sadly, this was not the case in Nona’s situation. Someone wanted her dead period.

I'm not so sure about someone wanting Nona dead period. Had the initial goal of this attack been death, I think the perpetrator would have likely brought and used a sure-fire murder weapon rather than relying on what was at the scene. Even using the available lamp base, I would have expected more than one blow to ensure death. I see this more as a multi-pronged rage attack that unfortunately continued and escalated to a fatal blow.

[FDInLaw]

Some of both, I suppose. (Not to be taken as an indication that I know anything more than has been made public, though.)




I'm not so sure about someone wanting Nona dead period. Had the initial goal of this attack been death, I think the perpetrator would have likely brought and used a sure-fire murder weapon rather than relying on what was at the scene. Even using the available lamp base, I would have expected more than one blow to ensure death. I see this more as a multi-pronged rage attack that unfortunately continued and escalated to a fatal blow.Love it! :D Trying to avoid a flood of private messages I see. :)

So, when is the next court date? The Trial is set for September, but when is the next hearing? June? I forgot, and I'm too lazy to look. :o

[lorettalockhorn]

Motions granted in Dirksmeyer case

Dunn to receive independent psychiatric examination, own testing of evidence

Fifth Judicial District Circuit Judge William "Bill" Pearson granted two motions last week for a Dover man charged with capital murder in the 2005 slaying of Nona Dirksmeyer, which will give the defense counsel access to evidence for testing as well as allow the defendant to receive a psychiatric examination.
The order will give the defense of Gary Dunn, 29 - who is scheduled to stand trial Sept. 28 in connection with the Dec. 15, 2005 homicide - access to a condom wrapper and its biological matter, which was obtained from the crime scene, according to court documents.
Little Rock attorney Jack McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, released information at the time of Dunn's arrest that indicated DNA found on a condom wrapper near Dirksmeyer's body was matched to both Dunn and Dirksmeyer.
Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at the trial for Dirksmeyer's boyfriend, Kevin N. Jones, also of Dover, who was acquitted of the crime by a Franklin County jury.
In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a "viable suspect" in the case. Robbins said defense lawyers gave the material to prosecutors.
The motion granted last week indicates the packaging and shipping of the evidence and the defendant's sample will be handled by an "appropriate person," and representatives from both sides are authorized to be present during the process.
Should the testing consume the entire sample from either the condom wrapper or the biological matter, court documents indicate the independent laboratory will postpone the testing until either the prosecution and defense agree or the court rules.
Though the results o the testing will be considered privileged, if the defense wishes to rely on the results of the testing, it must notify the prosecuting attorney to allow sufficient for the prosecution to make beneficial use of the results, according to court documents.
The second motion will permit the defense to expend Public Defender Commission funds or psychiatric and psychological examination of Dunn. All matters connected to the examination will also be considered privileged unless the defense wishes to rely on the results in the trial.
Dunn's court-appointed attorneys Jeff Rosenzweig and William O. James Jr. made the motions eb. 17 at a pretrial hearing. Rosenzweig said the defense was not challenging Dunn's competency to stand trial, nor were they challenging his competency or sanity during the time of the Dirksmeyer death.
"Our defense is he didn't do it - period," Rosenzweig said during the Feb. 17 hearing.
McQuary indicated at the hearing the state was seeing the death pepnalty against Dunn "at this point in time."
Defense attorneys have not yet filed a motion for a change of venue in the case, although Rosenzweig previously indicated they would likely do so.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley and a student at Arkansas Tech University at the time of her death.

[Mommyto2]

Here is another article like what Loretta just wrote.
http://www.todaysthv.com/news/local/story.aspx?storyid=83128&catid=2
Pope County Circuit Judge William Pearson granted the motions made by defense lawyers for Gary W. Dunn, 29. Dunn faces a capital murder charge stemming from the December 2005 slaying of Arkansas Tech student Nona Dirksm

eyer. Prosecutors have said they will seek the death penalty.
Prosecutors have said DNA found on a condom wrapped in Dirksmeyer's apartment matched Dunn. Defense lawyers want to test that, as well as allow Dunn to see a psychiatrist. Defense lawyers previously said they would not challenge Dunn's competency to stand trial.


I do have to say I'm surprised that they haven't decided where to have it yet.

[TJEddie]

Well, if Dunn is found guilty, I don't think anyone will be able to make a valid argument that the State didn't afford him with an adequate defense. As it should be.

[lorettalockhorn]

Sex-attack clue ruled defense’s to offer, omit

RUSSELLVILLE — Defense attorneys for a man charged in the December 2005 slaying of Arkansas Tech University student Nona Dirksmeyer do not have to divulge any evidence that an independent examiner detects on a condom wrapper found in the victim’s apartment, a judge has ruled.

The one exception, Circuit Judge Bill Pearson said, would be if the defense decides to call the examiner as an expert witness during the trial of Gary Dunn, 29, of Dover.

Authorities have said the wrapper links Dunn to the crime. Police never found a condom at the crime scene.

Dunn is charged with capital murder, and the prosecution has said it plans to seek the death penalty if he is convicted. His trial is to begin Sept. 28.

Pearson ruled in response to a defense motion in Pope County Circuit Court. It was not immediately clear Wednesday when he made the decision.

Both sides had agreed during a Feb. 17 hearing that the defense could have an independent expert examine the wrapper. But the prosecution opposed a defense request that the expert’s findings be kept privileged unless the defense chose to use them as evidence.

At that hearing, the judge verbally granted a request by the defense for an independent mental evaluation of Dunn and agreed the defense did not have to divulge the findings to the prosecution unless those findings become an issue at trial.

Dunn was living in the same apartment complex as Dirksmeyer, 19, when she was killed. He later moved to Dover.

In July 2007, a jury acquitted Dirksmeyer’s boyfriend, Kevin Jones of Dover, of a first-degree murder charge in her death. On Aug. 25, 2008, days after charging Dunn, special prosecutor Jack McQuary said he believed Jones was innocent.

Authorities have said Dirksmeyer was choked, beaten, stabbed and slashed with a knife. They also have said they now believe she may have been sexually assaulted.

A gag order remains effect in the case.

This article was published Thursday, April 9, 2009.
Arkansas, Pages 12 on 04/09/2009

[TJEddie]

So what about that staging theory that was all the rage the first time around? Does it still hold? As I recall, several experts/LE types said the crime scene definitely appeared to have been staged......Kevin's defense team presented at least one expert who disagreed. Living so close by, Dunn would have presumably had time and opportunity to do some cleaning up and/or staging, and the wet shower in Nona's apartment was never accounted for. Anybody have any thoughts?

[lorettalockhorn]

TJE, my insomnia has caused me to become an addict of Forensic Files, and something that seems to come up on frequent episodes is that LE personnel state that they rarely see perps hanging around to clean up a scene. If Nona and Dunn had more than a passing friendship or any kind of relationship, I can't imagine it being anything other than illicit (in the moral not legal sense), and the thought of him hanging around to pick up, stage, or un-stage the scene seems unreal to me. But (God help me, don't be frustrated!) it seems perfectly natural for Kevin to have staged the scene and to have planted the condom wrapper while discovering Nona's body and while his witnesses groped around in the dark.

Surely to goodness the defense is going to investigate LE's statement about the FBI profiler and possibly present that information. Or am I dis-remembering?

[TJEddie]

TJE, my insomnia has caused me to become an addict of Forensic Files, and something that seems to come up on frequent episodes is that LE personnel state that they rarely see perps hanging around to clean up a scene. If Nona and Dunn had more than a passing friendship or any kind of relationship, I can't imagine it being anything other than illicit (in the moral not legal sense), and the thought of him hanging around to pick up, stage, or un-stage the scene seems unreal to me. But (God help me, don't be frustrated!) it seems perfectly natural for Kevin to have staged the scene and to have planted the condom wrapper while discovering Nona's body and while his witnesses groped around in the dark.

Surely to goodness the defense is going to investigate LE's statement about the FBI profiler and possibly present that information. Or am I dis-remembering?

Ok......why does it seem perfectly natural for Kevin to have staged the scene, including a planted condom wrapper? (I know this is old territory, but I want to make sure I'm clear on your thoughts here.)

As I recall, an anonymous FBI profiler/analyst was cited by LE in newspaper accounts, but we never saw a written report of his observations, nor was he called on to testify in court. I don't recall the details of what he reportedly said.

[lorettalockhorn]

I don't remember reading anything that the profiler said either (HUGE mistake on the prosecution's part). I should qualify that from what I've glommed onto in watching and listening to LE on FF is that it's unusual for a random killer or someone who does not have a regular (for lack of a better word) relationship with the victim to do any cleaning up of the crime scene. Dunn would not have a reason to be in Nona's apartment, but Kevin's presence could be more easily explained as he had a key.

It seems natural to me for Kevin to have staged the scene because he would 1) be suspect due to his closeness to Nona, and 2) because it's likely that he was watching her activities those days that he had completed the semester and left Fayetteville, but had not returned home to Mother Jones. If he noted that Nona had hooked up with Dunn, he would not only be infuriated but would have a scapegoat.

[TJEddie]

I don't remember reading anything that the profiler said either (HUGE mistake on the prosecution's part). I should qualify that from what I've glommed onto in watching and listening to LE on FF is that it's unusual for a random killer or someone who does not have a regular (for lack of a better word) relationship with the victim to do any cleaning up of the crime scene. Dunn would not have a reason to be in Nona's apartment, but Kevin's presence could be more easily explained as he had a key.

It seems natural to me for Kevin to have staged the scene because he would 1) be suspect due to his closeness to Nona, and 2) because it's likely that he was watching her activities those days that he had completed the semester and left Fayetteville, but had not returned home to Mother Jones. If he noted that Nona had hooked up with Dunn, he would not only be infuriated but would have a scapegoat.

I think of "cleaning up" a crime scene strictly in terms of removing personally incriminating evidence.....I assume we're on the same page with that. I can understand how a stranger might be less concerned with that, particularly one with no criminal history. The reasoning might be that LE would have no reason to ask for his fingerprints, hair samples, dna, etc. and would thus be unlikely to link him to the crime. However, Dunn's situation is different. Dunn lived in the same complex, had recently been convicted of a similar attack, and his fingerprints and dna were already on file. Even without a direct relationship to the victim, I think Dunn would have known that he was likely to be checked out, and would have had clear motivation to clean up what he could. In other words, his motivation would have been the same as Kevin's......he knew he would be considered a suspect.

IMO, cleaning up and staging are two very different things......cleaning up is removing evidence whereas staging is rearranging or dressing the crime scene to divert attention away from oneself. In Kevin's case, staging the scene to look like a sex crime would have diverted attention away from him. IMO, Dunn might have also had reason to stage the scene to look like a sex crime. Whereas Dunn's history does include a violent attack on a female stranger, to my knowledge he has no documented history of sexual assault. I just wonder if the reported evidence of possible sexual assault found at the crime scene was evidence of an actual assault or if it was staged. As I recall, some of those involved in the first investigation were very specific in describing the scene as having been staged.

ETA: Oh.....and I'd be very surprised if it came out that Nona and Dunn were intimately involved.

[lorettalockhorn]

Dunn would be motivated to clean up; for all the reasons you mention, especially since that his DNA should have/would have been on file due to his criminal past. But it's insane to think that he would leave the condom wrapper behind, let alone in plain sight, and in such an obvious and out of place place. We don't know if he left any other forensic evidence due to the lousy investigation.

Kevin, on the other hand would have been able to explain away his DNA due to the fact that he belonged in the apartment and was welcome there, supposedly at any time, and had no real need to do much cleaning. (Although he may have and we'll never know because of the same substandard investigation.) He's also the only player (to date) with a questionable alibi to benefit from staging the crime scene if he did.

There was talk of staging in the PCS, but not much during the trial. (You have to wonder why.) And you have to wonder why if Dunn was going to stage the scene as a sexual assault he would leave behind his own condom wrapper.

All of what we know about the evidence against Dunn makes far less sense to me than any of the information about KJ. Don't know if that's because of the miracle stumbling upon what we do know prosecutors have against Dunn, the fact that there's a gag order, the absence of Robbins' big mouth, or what.

[sololobo]

If Dunn was framed, someone at the apartment complex was behind it. If the condom wrapper was planted, where did the real killer get it? I doubt he lucked out and found a wrapper with Dunn's DNA on it. And how would he know? The only way to be certain would be for the killer to take a condom wrapper and apply Dunn's DNA to it after he killed Nona and return to the apartment to plant it. Where would he get Dunn's DNA to apply to the wrapper?...discarded chewing gum, cigarette butt, chewing tobacco spit, soda straw? This implies close access to Dunn and a knowledge of his habits and his past such as a close neighbor. If this person went through all of this trouble, I imagine he would have planted more than a condom wrapper. Was the tub purposely left wet to draw attention to it? Was something missed there by the investigators.....red hair in the drain?

With the scant knowledge we have at the moment, Dunn is the primary suspect. If he was framed, it wasn't by Kevin. It was by someone who knew the apartment complex and its tenants well enough to come and go without being suspicious.

[lorettalockhorn]

Kevin didn't know the apartment complex? (Can't actually remember how long Nona had lived there.) Isn't it possible that those days in between when he came to Pope County from Fayetteville but before he went home to Dover that he watched Nona? Saw Dunn? Knew which apartment was his? Suspected that Dunn was in contact with Nona? Took the wrapper from Dunn's trash?

Lord knows there could have been much more evidence in the apartment, but we'll never know because of the way the investigation was conducted. Kevin could have retrieved other articles from Dunn's trash to plant. Heck, for all I know Dunn's mother might have been living near the cafe in Dover and KJ could have lited articles from her shed or left articles from Nona's apartment there.

If anyone but Robbins had commandeered the investigation and had sleuthed Dunn's DNA it would be much easier to accept for what it is.

Solo, it's interesting that you speak as though you were with Jones that day; that it wasn't him that could have framed Dunn. You sound so definite. Reminds me of when Robbins said that he knew Kevin didn't kill Nona. As if he had spent the day with him.

[TJEddie]

Loretta, can you supply any evidence that would support your notion of Kevin stalking or spying on Nona in the days prior to her murder? Any evidence of such behavior in the past? Any evidence of unusually jealous or possessive behavior? Any threats or episodes of violence toward Nona or other males who might have been interested in her?

[lorettalockhorn]

Loretta, can you supply any evidence that would support your notion of Kevin stalking or spying on Nona in the days prior to her murder? Any evidence of such behavior in the past? Any evidence of unusually jealous or possessive behavior? Any threats or episodes of violence toward Nona or other males who might have been interested in her?

Not at all, but I've heard the rumors, (specifically about the computer). I just think it's possible, especially since there has been no explanation of his whereabouts from the time he landed in Pope County and when he went home to Mama. Considering that he seems (at least to me) to act in narcissistic ways, have a sense of entitlement, and act with poor judgment in other areas of life, I simply wouldn't be surprised if he didn't exhibit controlling and stalking behavior(s).

Since there was supposedly no eyewitness, anything is possible. And since there was no eyewitness I do find it strange that people are willing to go out on a limb to state adamantly that Kevin is innocent and that he couldn't have framed Dunn, etc. Until we see the evidence and learn it's provenance, we can only guess.

[jeremiads]

Loretta, can you supply any evidence that would support your notion of Kevin stalking or spying on Nona in the days prior to her murder? Any evidence of such behavior in the past? Any evidence of unusually jealous or possessive behavior? Any threats or episodes of violence toward Nona or other males who might have been interested in her?I'm not getting into the details, but I'll say that my impressions were that it was pretty clear Kevin kept as much an eye on Nona as possible, some ways more discrete than others. That's about as far as I'm willing to go because I'm not really in the mood for it. Nona's been heavy on my mind lately.

[lorettalockhorn]

I'm not getting into the details, but I'll say that my impressions were that it was pretty clear Kevin kept as much an eye on Nona as possible, some ways more discrete than others. That's about as far as I'm willing to go because I'm not really in the mood for it. Nona's been heavy on my mind lately.

Me too, J. Not sure why, but maybe because the case has come up in the news. And again, when I watch Forensic Files and see that because of the thoroughness of investigators, the careful preservation of evidence, the improvement of techniques and the doggedness of families, and the men and women who handle cases, what and how can be solved is nothing short of amazing. Crime scenes speak for the victims. Unfortunately in Nona's case, her voice was stifled by LE. (And it bothers me to say that.)

Condolences on the loss of your friend Nona.

[TJEddie]

.... He's (Kevin) also the only player (to date) with a questionable alibi to benefit from staging the crime scene if he did.....

I disagree. Dunn's alibi has now been called into question by the new investigators. IIRC, he has reportedly given varying accounts of his whereabouts on the day of the murder and has placed himself at the apartment complex around the time of the murder.

If the attack on Nona was actually a rage attack similar to the attack on the Bona Dea victim, Dunn would also benefit from staging the scene to look like something different.

[lorettalockhorn]

I disagree. Dunn's alibi has now been called into question by the new investigators. IIRC, he has reportedly given varying accounts of his whereabouts on the day of the murder and has placed himself at the apartment complex around the time of the murder.

If the attack on Nona was actually a rage attack similar to the attack on the Bona Dea victim, Dunn would also benefit from staging the scene to look like something different.

You're right. I should have said that Kevin is the only player that we know of other than Dunn to need to do any staging or framing. I think Dunn's mother alibied him for the day of the murder, but I don't recollect Dunn actually placing himself at home that day. I'll need a refresher course when the trial finally rolls around!

The MO for the Bona Dea assault seems (at least on the surface) to be very similar to the initial attack on Nona.

[Amy]

You're right. I should have said that Kevin is the only player that we know of other than Dunn to need to do any staging or framing. I think Dunn's mother alibied him for the day of the murder, but I don't recollect Dunn actually placing himself at home that day. I'll need a refresher course when the trial finally rolls around!

The MO for the Bona Dea assault seems (at least on the surface) to be very similar to the initial attack on Nona.

I wouldn't know where to look for it, but I was thinking that his mom giving him an alibi had something to do with her business near the apartments? Like, he and she were both there? I also was thinking there were posts (don't know if they were news articles) that seemed to indicate that alibi was not airtight?

[lorettalockhorn]

I wouldn't know where to look for it, but I was thinking that his mom giving him an alibi had something to do with her business near the apartments? Like, he and she were both there? I also was thinking there were posts (don't know if they were news articles) that seemed to indicate that alibi was not airtight?

It must have been fairly airtight at the time, but I wonder if her illness and treatment will play a part in her having been mistaken or if she'll be portrayed by the prosecution as a liar. I believe that she was undergoing cancer treatment at the time and I've heard anecdotal evidence that chemotherapy wreaks havoc on the memory.

I suppose the KJ supporters will insist that even though Dunn was a likely culprit, LE simply zeroed in on Kevin for whatever nefarious reason.

ETA: Didn't know that Dunn's mother had a business near the apartments. Do you have more?

[TJEddie]

You're right. I should have said that Kevin is the only player that we know of other than Dunn to need to do any staging or framing. I think Dunn's mother alibied him for the day of the murder, but I don't recollect Dunn actually placing himself at home that day. I'll need a refresher course when the trial finally rolls around!

The MO for the Bona Dea assault seems (at least on the surface) to be very similar to the initial attack on Nona.

"She (Stacy Rhoads) continued: “Dunn has provided different accounts of his actions on the day Nona was murdered. Dunn also puts himself at the apartment complex during the time Nona was murdered. Information initially provided by Dunn as to his whereabouts [has ] been determined to be untrue.”

http://www.nwarktimes.com/adg/News/235428/

Admittedly, I have found just about everything said by the new investigation team to be vague. "During the time Nona was murdered" could be referring to hours, days or weeks. Elsewhere in the article, their mention of sexual assault is couched with the word "possible" and McQuary chimes in with "difficult to prove." The DNA on the condom wrapper is said to contain a mixture of "at least" two people. IMO the prosecution has intentionally and effectively kept their case against Dunn an absolute mystery. I think they've released just enough to satisfy the public that Dunn is at least a viable suspect.

[lorettalockhorn]

"She (Stacy Rhoads) continued: “Dunn has provided different accounts of his actions on the day Nona was murdered. Dunn also puts himself at the apartment complex during the time Nona was murdered. Information initially provided by Dunn as to his whereabouts [has ] been determined to be untrue.”

http://www.nwarktimes.com/adg/News/235428/

Admittedly, I have found just about everything said by the new investigation team to be vague. "During the time Nona was murdered" could be referring to hours, days or weeks. Elsewhere in the article, their mention of sexual assault is couched with the word "possible" and McQuary chimes in with "difficult to prove." The DNA on the condom wrapper is said to contain a mixture of "at least" two people. IMO the prosecution has intentionally and effectively kept their case against Dunn an absolute mystery. I think they've released just enough to satisfy the public that Dunn is at least a viable suspect.

Thanks for the link/reminder! No doubt we all about have to consider him a viable suspect at least until we hear the evidence. It will have to be pretty compelling, especially if the defense uses the Jones trial to create reasonable doubt.

[upallnight]

Are your feelings here based on tangible reasons or just wishful thinking?


Nona's struggle was so different from Anne Pressly's. There are reasons why people respond differently. The knife wounds seem to suggest an element of torture and/or control. I still wonder if she knew the person and simply did not realize at first that she needed to fight for her life. Poor Anne, she might still be with us if it wasn’t for the way she tore into her attacker. Bless her heart. :rose: Sadly, this was not the case in Nona’s situation. Someone wanted her dead period.

I have been out of town due to a sick family member, I just can't get Nona off my mind lately either. Still so many questions. It's been so long, may the truth be known to all. For Nona and Anne :rose::rose:.

[Amy]

It must have been fairly airtight at the time, but I wonder if her illness and treatment will play a part in her having been mistaken or if she'll be portrayed by the prosecution as a liar. I believe that she was undergoing cancer treatment at the time and I've heard anecdotal evidence that chemotherapy wreaks havoc on the memory.

I suppose the KJ supporters will insist that even though Dunn was a likely culprit, LE simply zeroed in on Kevin for whatever nefarious reason.

ETA: Didn't know that Dunn's mother had a business near the apartments. Do you have more?

Maybe it was the Jones' business was close to the apartments? Or, on the way from Nona's to Jones' house? What I am recalling is that there were posts about evidence could have been disposed of @ a parent's business, but since that was early in the case, I guess it could have been about KJ.

[sololobo]

Kevin didn't know the apartment complex? (Can't actually remember how long Nona had lived there.) Isn't it possible that those days in between when he came to Pope County from Fayetteville but before he went home to Dover that he watched Nona? Saw Dunn? Knew which apartment was his? Suspected that Dunn was in contact with Nona? Took the wrapper from Dunn's trash?

Lord knows there could have been much more evidence in the apartment, but we'll never know because of the way the investigation was conducted. Kevin could have retrieved other articles from Dunn's trash to plant. Heck, for all I know Dunn's mother might have been living near the cafe in Dover and KJ could have lited articles from her shed or left articles from Nona's apartment there.

If anyone but Robbins had commandeered the investigation and had sleuthed Dunn's DNA it would be much easier to accept for what it is.

Solo, it's interesting that you speak as though you were with Jones that day; that it wasn't him that could have framed Dunn. You sound so definite. Reminds me of when Robbins said that he knew Kevin didn't kill Nona. As if he had spent the day with him.

And Loretta, you seem to know Kevin killed Nona. Did you spend the day with him?.....jk:)

If Dunn was framed, the killer did not find a condom wrapper in the trash and know it had Dunn's DNA on it. The killer would have to take a wrapper and apply Dunn's DNA to it from a known source to be sure it was Dunn's.

If Dunn was framed, the killer had to return to the apartment to plant evidence. I doubt this murder was pre-planned and the killer had the wrapper with him prior to the murder.

Although Kevin had no witnesses to verify his alibi, which the prosecution could not disprove, during that brief time frame, there are assumed physical actions supporting it. He had to load the truck with trash and Marva donations and he had to dump the trash at the station. This narrows the window of oppurtunity.

Kevin did have witnesses verifying the remainder of his day when he supposedly would be digging through Dunn's trash and somehow finding a condom wrapper he knew had Dunn's DNA on it. Kevin did not have time or the oppurtunity to carry out the physical actions needed to frame Dunn.

How and when would Kevin obtain a condom wrapper he knew had Dunn's DNA on it?

[sololobo]

Not at all, but I've heard the rumors, (specifically about the computer). I just think it's possible, especially since there has been no explanation of his whereabouts from the time he landed in Pope County and when he went home to Mama. Considering that he seems (at least to me) to act in narcissistic ways, have a sense of entitlement, and act with poor judgment in other areas of life, I simply wouldn't be surprised if he didn't exhibit controlling and stalking behavior(s).

Since there was supposedly no eyewitness, anything is possible. And since there was no eyewitness I do find it strange that people are willing to go out on a limb to state adamantly that Kevin is innocent and that he couldn't have framed Dunn, etc. Until we see the evidence and learn it's provenance, we can only guess.

I saw nothing odd about the computer. What have you heard?

[lorettalockhorn]

And Loretta, you seem to know Kevin killed Nona. Did you spend the day with him?.....jk:)

If Dunn was framed, the killer did not find a condom wrapper in the trash and know it had Dunn's DNA on it. The killer would have to take a wrapper and apply Dunn's DNA to it from a known source to be sure it was Dunn's.

If Dunn was framed, the killer had to return to the apartment to plant evidence. I doubt this murder was pre-planned and the killer had the wrapper with him prior to the murder.

Although Kevin had no witnesses to verify his alibi, which the prosecution could not disprove, during that brief time frame, there are assumed physical actions supporting it. He had to load the truck with trash and Marva donations and he had to dump the trash at the station. This narrows the window of oppurtunity.

Kevin did have witnesses verifying the remainder of his day when he supposedly would be digging through Dunn's trash and somehow finding a condom wrapper he knew had Dunn's DNA on it. Kevin did not have time or the oppurtunity to carry out the physical actions needed to frame Dunn.

How and when would Kevin obtain a condom wrapper he knew had Dunn's DNA on it?

I have never stated that I know that KJ killed Nona or that I know that KJ framed Dunn. Robbins, for one has stated publicly that he knows Kevin is innocent, and I interpreted your statement that if Dunn was framed it wasn't by Kevin as a statement of fact.

If Kevin was stalking Nona (and I believe that he was), and he suspected that she had some sort of relationship with Dunn and/or even gave him the time of day, and knew that Dunn had a record of violence, it's simply not a stretch that Dunn would be the likely person to set up for the crime whether it was premeditated or not. He would have to know that Dunn's DNA or fingerprints or initials or picture or any other identifier was on the condom wrapper, he could just hope for it. And IF Kevin was stalking Nona, it wouldn't be that difficult to imagine that he was also observing Dunn and knew exactly when Dunn's trash went into the dumpster. That there was a condom wrapper in the trash could have been dumb luck. He could have collected the condom wrapper at any time before the murder and could have planted it during the time between finding Nona's body and LE/EMS arriving on the scene or at the time of the murder. IMO his alibi is shaky and he has time unaccounted for in the morning that according to my own experiment (driving two different routes both ways) gave him the opportunity to commit the crime.

[lorettalockhorn]

I saw nothing odd about the computer. What have you heard?

That Kevin was logging into Nona's accounts and reading her emails and IMs.

[lorettalockhorn]

If the wrapper was planted, why would the perp care whose dna was on it unless they had something personal against Dunn? To our knowledge, Kevin did not know Dunn and would have no reason to single him out. If planted, it would have been a case of a wrapper in the wrong place at the wrong time IMO. I just don’t see a mastermind sort of theory feasible here. IMO the planted wrapper theory is a stretch, add a personal plot against Dunn, and it’s down right insane. One major hurdle, explain why both Nona and Dunn's dna was found on the wrapper? This detail causes me to lean more toward the trigger theory if Kevin were responsible. Large leaps are needed there as well, one being that Dunn & Nona had a relationship (something many do not want to consider). Now, if you take Kevin out of the scenario, and enter a third party that would want Dunn to take the fall. . . things make more sense. The whole jealous wife scenario might be a natural place to start in this line of thinking. Is this a made for TV who-dun-it or what? Crazy.

I'm looking forward to the trial and hearing the State's case against Gary. I hope it will bring some closure and fill in some blanks.


MOO

Good point about the DNA. Don't think that Kevin framing Dunn or some nebulous John Doe is insane or crazy. It's possible that for the DNA to have belonged to someone with a violent criminal history could have been dumb luck. This sort of thing happens in The Real World.

[lorettalockhorn]

Her actual accounts? Where did you hear this? Nona wasn't much of computer person, so I doubt she had many. Since she was seeing others, why on earth would she let Kevin have her passwords???

Kevin did have access to some of Nona's e-mails. They were on a computer she borrowed from him and then returned. She deleted them, but he had a program on there that could retrieve them. When he did this is in question (was it before or after the murder?). The fact is, he did retrieve them. Honestly, if I were a grieving partner I would have done any snooping around I could too. If he retrieved them BEFORE the murder, this would support Loretta’s stalking theory and provide some motive. As far as I know, when can not be proved since the files were accessed after the murder.

No, I didn't know Nona. But there are rumors that he was stalking her and reading her emails and IMs. And I can believe it considering his narcissistic aura. And no, I'm not going to name the names of people that I gossip with. LMAO

[TJEddie]

Well, I for one am shocked. Here we have some perfectly good small town back-fence gossip that David Gibbons could have presented in court to bolster his case against Kevin and he let it pass. Go figure.

[lorettalockhorn]

Yenta! :tongue:






:biggrin:

tehee

Well, I for one am shocked. Here we have some perfectly good small town back-fence gossip that David Gibbons could have presented in court to bolster his case against Kevin and he let it pass. Go figure.

What? You've never heard any gossip in this case? (Guess since The State didn't use the behavioral profile at trial, the existence of it almost qualifies as gossip.)

Alas. I have no back fence. Or front fence or clothesline for that matter.

[TJEddie]

And another thing.....

As I recall, there was a great outcry on this forum when Kevin's defense attorneys were "dragging Nona through the mud" by bringing up documented relationships she had with other young men. Now, some of the very ones who were incensed at that are openly tip-toeing around the totally unsubstantiated possibility that Nona was gettin' it on with a married ex-con who lived across the way.

Some may not like the source, but someone who knows a heck of a lot more about this case than any of us do has publicly indicated that there is no evidence at all of a personal involvement between Nona and Dunn, specifically not a romantic involvement.

I'm just sayin'......

[TJEddie]

Did Michael Robbins know Nona before her murder? Her friends?
Do you not see that it helps the case against Dunn to argue that he and Nona did not know eachother? Dunn himself has stated as much, and IMO it's gonna bite him in the butt during the trial.

As a group, defense attorneys may have many faults, but IMO being reckless in their public statements is generally not one of them. Kevin's defense attorneys have said precious little about what they uncovered in their private investigation, but one thing Robbins did make a point of saying was that there was no evidence that Nona and Dunn knew each other personally and absolutely no evidence of any romantic involvement. I don't think Robbins would have made that statement if he didn't have something to back it up. Just my opinion.

[lorettalockhorn]

And another thing.....

As I recall, there was a great outcry on this forum when Kevin's defense attorneys were "dragging Nona through the mud" by bringing up documented relationships she had with other young men. Now, some of the very ones who were incensed at that are openly tip-toeing around the totally unsubstantiated possibility that Nona was gettin' it on with a married ex-con who lived across the way.

Some may not like the source, but someone who knows a heck of a lot more about this case than any of us do has publicly indicated that there is no evidence at all of a personal involvement between Nona and Dunn, specifically not a romantic involvement.

I'm just sayin'......

I think much of the outcry along those lines is that when the case went to trial the first time some of what was alleged could not be substantiated. And it was outrageous that a poster here (rumored to be the mother of one of the alleged rapists in that other situation) likened Nona to a dog. Kevin's relationships weren't brought into court because of the judge's decision that the court would have to stipulate that the couple didn't have an exclusive relationship despite the fact that Kevin told LE that they did.

As a group, defense attorneys may have many faults, but IMO being reckless in their public statements is generally not one of them. Kevin's defense attorneys have said precious little about what they uncovered in their private investigation, but one thing Robbins did make a point of saying was that there was no evidence that Nona and Dunn knew each other personally and absolutely no evidence of any romantic involvement. I don't think Robbins would have made that statement if he didn't have something to back it up. Just my opinion.

You must not follow the Casey Anthony case. The lead attorney (at least for the time being) comes off as reckless and outrageous and has been party to slander and libel as was Jones' defense team.

IF Nona had a bona fide relationship with Dunn it is what it is. Or was.

[lorettalockhorn]

Any idea what Dunn's IQ is??? For a perp to attack someone and kill them that close to their own domicile usually indicates a real low one. Something only a real idiot would do. I wonder. . . . is Dunn that stupid? We know he can be violent from the Bona Dea attack, but if he is that unorganized how the heck did he go undetected for so long??? This sort of attacker usually leaves a lot of physical evidence IIRC. I really wonder if they have more than the wrapper. :shrug:

You definitely have to wonder how his mind works. When he was arrested for Nona's murder there were claims on other forums that he didn't speak for himself or allow a personal relationship with the Bona Dea victim to be brought up in court. (Like that would have excused the attack.) How gallant. :rolleyes:

As for killing near his home, it's not unusual for perps to function in their comfort zone and/or to hunt in familiar grounds.

[jeremiads]

I was presented with chat logs between Nona and myself by LE, and they came from Kevin's lawyers.

Just saying.

Edit: Since I should probably say more, I think what I was told is that they were taken from a computer Nona was using that was actually Kevin's. So the logging was definitely going on. How much access he had to these logs can be up for debate, but if he knows something about computers, he could have had pretty easy access.

And considering how godawful ugly that computer's case was, I'm sure he's the type that thinks he knows something about them.

[lorettalockhorn]

According to FD Nona wasn't much of a computer person, so I wonder if it's possible that KJ helped her set up her accounts and PWs and it simply didn't occur to her that he could log in from another computer.

[jeremiads]

Were you ever on that actual computer (that you know of)?
She returned it in the fall (or late summer) of 2005 IIRC.Never touched it. I saw it in June or July of 2005 at her last apartment. It was actually one of the things that let me know Kevin still wasn't out of the picture, because when I saw that stupid case lighting up the room with all of the blue LEDs or whatever it had... just had that feeling.

Never stepped into the room where she kept it, though. Just saw through an open door into the room, with the lights off but the computer on.

Someone mentioned earlier that it might be the Dunn news that is putting Nona on my mind. That's not it. She does a good enough job staying on my mind without any help. I need to go visit her.

[Amy]

And another thing.....

As I recall, there was a great outcry on this forum when Kevin's defense attorneys were "dragging Nona through the mud" by bringing up documented relationships she had with other young men. Now, some of the very ones who were incensed at that are openly tip-toeing around the totally unsubstantiated possibility that Nona was gettin' it on with a married ex-con who lived across the way.

Some may not like the source, but someone who knows a heck of a lot more about this case than any of us do has publicly indicated that there is no evidence at all of a personal involvement between Nona and Dunn, specifically not a romantic involvement.

I'm just sayin'......

IIRC, the hue and cry was not that Nona's life was being dragged thru the mud, but that hers was and KJ's WASN'T.

[iluvmua]

Was Kevin Jones's trial ever shown live on Court Tv (now called Tru TV)?
and will Gary Dunn's trial be live?

[Amy]

Was Kevin Jones's trial ever shown live on Court Tv (now called Tru TV)?
and will Gary Dunn's trial be live?

Jones' was not. Have not heard about Dunn's, but not many of the trial on TRU TV seem to be live.

[hawgustusgloop]

And another thing.....

As I recall, there was a great outcry on this forum when Kevin's defense attorneys were "dragging Nona through the mud" by bringing up documented relationships she had with other young men. Now, some of the very ones who were incensed at that are openly tip-toeing around the totally unsubstantiated possibility that Nona was gettin' it on with a married ex-con who lived across the way.

Some may not like the source, but someone who knows a heck of a lot more about this case than any of us do has publicly indicated that there is no evidence at all of a personal involvement between Nona and Dunn, specifically not a romantic involvement.

I'm just sayin'......

Robbins said they didn't know each other. I have no clue how he can be so sure they never met...I think that would be impossible to prove. Robbins is a tool IMO, and I agree with Lorettalockhorn in that it is hard to be comfortable with all of this given his level of involvement in the new investigation.

[upallnight]

If the wrapper was planted, why would the perp care whose dna was on it unless they had something personal against Dunn? To our knowledge, Kevin did not know Dunn and would have no reason to single him out. If planted, it would have been a case of a wrapper in the wrong place at the wrong time IMO. I just don’t see a mastermind sort of theory feasible here. IMO the planted wrapper theory is a stretch, add a personal plot against Dunn, and it’s down right insane. One major hurdle, explain why both Nona and Dunn's dna was found on the wrapper? This detail causes me to lean more toward the trigger theory if Kevin were responsible. Large leaps are needed there as well, one being that Dunn & Nona had a relationship (something many do not want to consider). Now, if you take Kevin out of the scenario, and enter a third party that would want Dunn to take the fall. . . things make more sense. The whole jealous wife scenario might be a natural place to start in this line of thinking. Is this a made for TV who-dun-it or what? Crazy.

I'm looking forward to the trial and hearing the State's case against Gary. I hope it will bring some closure and fill in some blanks.


MOO

If KJ was stalking Nona and Dunn and Nona was having a relationship, the possibility of the condom wrapper in her apartment would be a reason for Dunn to be there. That may have triggered KJ if he did kill Nona. Also by the condom wrapper being left in the apartment, (either in plain site or put in plain site) would be a good thing to test to collect DNA to try to pin the murder on someone who just had a relationship with Nona. Also, don't know why but it seems to bother me that Gary and his brother was DNA tested by Rodney P, a local Marshal because of the break in of Gary's mothers shed of some type. I will have to check back to the paper to see when. Just wondering if that was before the actual condom wrapper was sent in and Dunn's DNA was found on it. At this point, I still have many questions but just thinking out loud. Hope they have a good, solid chain of custody. I still think they must have more, they seem confident from what I have heard that Dunn did it. But, they also seemed confident that KJ did it. We all know what evidence they had against KJ as presented at the trial. What we don't know is what evidence they have against Dunn. I think that will make the difference to me, I mean between what we know now and what is going to be presented at trial. I agree with FD, by Dunn saying he did not know Nona (if indeed he did) is a stupid move in one sense because it could be looked at as they was having a relationship and that is why the condom wrapper was in her apartment. But on the other hand, it put him at the crime scene of a murder and he does have a violent past. Just saying, it may be a no win situation based on his past if he is indeed innocent. But then again, he may be guilty and they may blow us all away with enough evidence against him that I will feel guilty about thinking KJ did it. Actually that is ok with me as long as they get the person who murdered Nona, if Gary did kill her and they convict him justice will be served. All I am saying is someone did it and I hope Carol does not have to go through this all again with more questions than answers. Seems this time around the possibility of a sexual attack has been spoke of. I wonder what evidence they have of that if any. And if so, why was that not a part of the first investigation. Was it over looked, that would be such a horrible thing in more ways than one. The sexual attack that has been spoken of but no details of and the DNA did not just appear out of no where-or did it? And, what kind of DNA was found on the condom wrapper that belonged to Nona and to Dunn, saliva, blood-etc., some of each? Could that fingernail have been tested against Dunn's DNA? OMG, so many questions. If it was a personal plot against Dunn, I think the wife would be in question, but I also think KJ would be in question also, like FD said, condom wrapper in the wrong place at the wrong time for him but not for the killer if it was not Dunn. Just will have to wait and see what the evidence shows and pray that the truth be known to all one way or the other. God will take care of the rest.

[sololobo]

According to FD Nona wasn't much of a computer person, so I wonder if it's possible that KJ helped her set up her accounts and PWs and it simply didn't occur to her that he could log in from another computer.

According to Jeremy, he was shown chat logs. Nona had a Hotmail email address and I assume she used MSN Messenger which has a feature allowing one to save chat logs. I believe these files are saved in documents>received files on the hard-drive and does not require Messenger's password to access. As Jeremy stated, it would easy for Kevin to read these files if he knew anything about computers. He would not need her password.

[sololobo]

Her actual accounts? Where did you hear this? Nona wasn't much of computer person, so I doubt she had many. Since she was seeing others, why on earth would she let Kevin have her passwords???

Kevin did have access to some of Nona's e-mails. They were on a computer she borrowed from him and then returned. She deleted them, but he had a program on there that could retrieve them. When he did this is in question (was it before or after the murder?). The fact is, he did retrieve them. Honestly, if I were a grieving partner I would have done any snooping around I could too. If he retrieved them BEFORE the murder, this would support Loretta’s stalking theory and provide some motive. As far as I know, when can not be proved since the files were accessed after the murder.

Was it emails or chat logs? If you delete emails, they go to a deleted file which must be deleted also. If Nona was a fan of "save password", retrieving these emails from the email deleted file would not require a program or her password.

[jeremiads]

I'd also like to say that if Nona gave that PC back around the time FD says, it's incredibly trivial to retrieve the passwords for the things she commonly used, like MSN and Hotmail. It's not that hard to retrieve that information from a system when you have complete access to it.

[lorettalockhorn]

Great posts today as always!

Let me just say that Robbins and the way he has inserted himself into Dunn's case is just irksome. By what law does he have the right to investigate and/or direct an investigation? Does state law allow for any officer of the court to do so? Any Tom, Dick or Harry off the street?

Upall is exactly right; the only thing that matters is that justice for Nona is found, but I'm thinking the prosecution is going to have to really lay out the case very carefully for the jury not to smell a big ole rat when it comes to how Dunn became the prime suspect long after the commission of the crime when he may (or should) have been the logical suspect by some accounts. Jones didn't go to trial immediately, you really have to wonder why Robbins didn't do his super sleuthing before that happened. And there are indications that KJ's defense team gathered Dunn's DNA surreptitiously (don't remember where I read that and will need to do a refresher course as the Dunn case nears), but why was that necessary? Wasn't Dunn's DNA in the system after the conviction for the Bona Dea attack? Is the DNA that Robbins used the same sample that Pfeiffer gathered? Why the need for so many samples?

The condom wrapper could have been both a trigger and a plant (it started out as one at KJ's trial and ended up the other). It could have been discovered in Nona's apartment at some date well before the murder (trigger) and used at the time of her killing (red herring). It could have come from the trash. It does seem like there should have been other evidence left behind if Dunn had frequented the apartment, maybe there was and it was lost because of the sorry investigation. Maybe there wasn't because the killer removed it. Maybe there was; for instance, maybe the fingernail is Dunn's. (Was that ever identified?) Frustrating.

As for the messenger needing a PW, I mostly use Yahoo Messenger. You have the option of being signed in automatically or physically signing in depending on how you set up your account. If Nona wasn't familiar with the process she may have set hers up (or someone else may have) to be whatever was fastest and/or easiest. She may have even set it up so that she didn't have the reminders re: the setup. I so rarely use my Windows Messenger, can't even remember how it's set up, but assume it's similar to the Yahoo service.

I pray to God that McQuary has more than the fruit of Robbins' obsession with poor poor pitiful Kevin's innocence to present at trial. It seems like Dunn got off easy for the Bona Dea attack. If he is a serial criminal in the making, thank God he's off the street for the time being (although I suppose it's possible that he has been rehabilitated by his time in the pokey).

[TJEddie]

Back during the first trial, there was some discussion on the main thread about the fact that the private lab had found semen on the vaginal swab and panties whereas the State lab found nothing. According to a post by christina, the State expert said that if his presumptive tests came up negative, he stopped testing on that item. The private expert said that even if his presumptive tests were negative, he continued with additional tests. This is apparently how the private lab detected evidence missed by the State lab.

I'm wondering if this might come into play in the current case. As I recall, there were several blood-smeared items tested by the State that only yielded "it was the victim's blood." Assuming most of the blood smears were left by the perpetrator, I would think there's a good possibility of his DNA being present in at least some of them. Maybe the State has updated its equipment and/or procedures since the first trial.

[upallnight]

Back during the first trial, there was some discussion on the main thread about the fact that the private lab had found semen on the vaginal swab and panties whereas the State lab found nothing. According to a post by christina, the State expert said that if his presumptive tests came up negative, he stopped testing on that item. The private expert said that even if his presumptive tests were negative, he continued with additional tests. This is apparently how the private lab detected evidence missed by the State lab.

I'm wondering if this might come into play in the current case. As I recall, there were several blood-smeared items tested by the State that only yielded "it was the victim's blood." Assuming most of the blood smears were left by the perpetrator, I would think there's a good possibility of his DNA being present in at least some of them. Maybe the State has updated its equipment and/or procedures since the first trial.

Prayers for Carol. :rose: Prayers for Justice For Nona.:rose: In God we trust. :rose:

[iluvmua]

I wonder what the Defense is going to say in regards to Gary's DNA being found on the condom wrapper.

[upallnight]

Unless Dunn changes his tune about having a relationship with the victim, his defense is left with the task of discrediting the results. They may go after chain of custody and the actual lab. I believe they will focus on this. I don’t know if it would be wise for them to go after Kevin on this point, taking up the argument that the condom was planted, since both Dunn & Dirksmeyer’s DNA was found. Just speculation. . . I’m curious to know what their lab results will yield.

If Dunn and Nona had a relationship, do any of you think maybe KJ seeing Nona when he got back from school could have been a trigger of sorts to Dunn? I know Dunn and KJ does not look alot alike but there are some of the same things like red hair, etc. If Dunn was married maybe he went to see Nona via the back sliding door so he would be least likely noticed. Maybe he did not know Nona at all but he could have used the back door as a way to enter her apartment by acting like he was returning her cat or just a neighbor that knocked on her patio door to get her to the door attacked her and used it as an exit also. Do any of you think when the police was investigating the break in of Dunn's mom's that maybe they found something of evidence? I still seem to think the wounds Nona suffered was personal in nature. Like someone was trying to destroy her beauty, inside and out. Not saying that the killer had to know her, could have very well been the opposite and he stalked her and she did not know he was stalking her. He could have done something to her to prevent her from screaming for help. She could have tried to do what he said to prevent being harmed unlike Anne Presley who seemed to have fought back like FD spoke of. Maybe she attempted to fight back but was not able to or to scream for help for one reason or another. In many cases it seems people who do things like this also can con a con and make some people think they are a very trust worthy person to get them in a position to do harm to them when the opportunity is there. Was Dunn's wife living with him in that apartment when Nona was killed? If so I wonder what she has to say? If not I still wonder what she has to say about him.
As for the lab's possible difference in finding evidence against Dunn, if that is the case that is a horrible thing if it was just over looked. And if it was not possible to be found by the state with the technology they have, that needs to change. Why, because if Dunn is guilty and it is proven beyond reasonable doubt-he could have been taken off the streets a long time ago and Carol would not have to go through another trial. If KJ is innocent, well-that speaks for it's self. No one wants an innocent person to be punished for a crime they did not committ, except maybe the criminal that committed the crime. I wonder if the truth was to be that someone other than KJ committed the crime and if it was due poor investigation or lab work, would that not be a crime in itself. On the other hand if the evidence they have against Dunn proves to not have the proper chain of custody's etc., and the jury smells a rat like Loretta said what happens then? Will there be more they have to fill in the gaps and prove beyond rd? If Dunn is found not guilty does that mean he is indeed innocent also? Will they have enough to prove him guilty as seen in the eyes of the jury but not the public or guilty in the eyes of most? There are so many possibilities. One thing is for sure. It seems Robbins knew this was coming, not sure if that is a good thing or a bad thing, and he seems to have known it for some time. Just how much was he involved, just how much of what he knew will or will not be proved to be the truth. The only side I am on it Justice for Nona. As for Carol, no mother or parent should ever have to endure such pain, such loss. She to is a victim of this crime and I can not even imagine having to go through all she has endured in the last few YEARS.

[lorettalockhorn]

New info filed in Dirksmeyer case

Prosecutor claims Dunn may have committed murder to hide rape

Documents filed Tuesday in the case of a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University Student Nona Dirksmeyer indicate the defendant may have committed the murder to avoid arrest after allegedly raping the victim.

While authorities said there was no evidence of sexual assault during the trial fr Kevin Jones, the first man charged with the murder who was acquitted in July 2007, it remains unclear what evidence has since been discovered to suggest Gary Dunn, 29, engaged in sexual misconduct.

Amended information filed by special prosecuting attorney Jack McQuary of Little Rock states Dunn committed capital murder against Dirksmeyer for the "purpose of avoiding or preventing an arrest, or effecting an escape from custody."

Fifth Judicial District Circuit Judge William "Bill" Pearson granted two motions in March submitted by Dunn's defense, which will give them access to a condom wrapper and its biological matter that was obtained from the crime scene, according to court documents.

McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, released information at the time of Dunn's arrest that indicated DNA found on a condom wrapper near Dirksmeyer's body was matched to both Dunn and Dirksmeyer.

Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at the trial for Jones.

In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a "viable suspect" in the case. Robbins said defense lawyers gave the material to prosecutors.

The first motion granted in March indicated the packaging and shipping of the evidence and the defendant's sample will be handled by an "appropriate person," and representatives from both sides are authorized to be present during the process.

[TJEddie]

New info filed in Dirksmeyer case

Prosecutor claims Dunn may have committed murder to hide rape

Documents filed Tuesday in the case of a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University Student Nona Dirksmeyer indicate the defendant may have committed the murder to avoid arrest after allegedly raping the victim.

While authorities said there was no evidence of sexual assault during the trial fr Kevin Jones, the first man charged with the murder who was acquitted in July 2007, it remains unclear what evidence has since been discovered to suggest Gary Dunn, 29, engaged in sexual misconduct.

Amended information filed by special prosecuting attorney Jack McQuary of Little Rock states Dunn committed capital murder against Dirksmeyer for the "purpose of avoiding or preventing an arrest, or effecting an escape from custody."

Fifth Judicial District Circuit Judge William "Bill" Pearson granted two motions in March submitted by Dunn's defense, which will give them access to a condom wrapper and its biological matter that was obtained from the crime scene, according to court documents.

McQuary, appointed as a special prosecutor in the case last year at the request of 5th Judicial District Prosecuting Attorney David Gibbons, released information at the time of Dunn's arrest that indicated DNA found on a condom wrapper near Dirksmeyer's body was matched to both Dunn and Dirksmeyer.

Since the arrest, however, McQuary has remained silent on how investigators obtained the DNA evidence, which was not presented at the trial for Jones.

In February 2008, however, Michael Robbins of Dover, a lawyer for Jones, announced defense investigators matched DNA from the condom wrapper to a "viable suspect" in the case. Robbins said defense lawyers gave the material to prosecutors.

The first motion granted in March indicated the packaging and shipping of the evidence and the defendant's sample will be handled by an "appropriate person," and representatives from both sides are authorized to be present during the process.

Thanks for the update, Loretta.

IMO, the single quote cited in the article falls far short of supporting the writer's opening statement. I wonder if he knows more or if he just got ahead of himself in drawing conclusions. I also wonder what original information McQuary was amending.

[jeremiads]

Thanks for the update, Loretta.

IMO, the single quote cited in the article falls far short of supporting the writer's opening statement. I wonder if he knows more or if he just got ahead of himself in drawing conclusions. I also wonder what original information McQuary was amending.Makes you wonder who they're talking to for them to give that slant, then.

[lorettalockhorn]

What gets me is the statement that Dunn MAY HAVE blah blah blah. McQuary sure as heck needs to go into the courtroom with a bona fide theory.

[TJEddie]

What gets me is the statement that Dunn MAY HAVE blah blah blah. McQuary sure as heck needs to go into the courtroom with a bona fide theory.

The writer's "may have" opening statement is not attributed directly to McQuary. Given what little has been made public, the writer's opening statement sounds to me more like his own attempt to cobble something conclusive out of the limited and vaguely worded information that's available.

[lorettalockhorn]

The writer's "may have" opening statement is not attributed directly to McQuary. Given what little has been made public, the writer's opening statement sounds to me more like his own attempt to cobble something conclusive out of the limited and vaguely worded information that's available.

Doesn't matter. The State needs to have a clear-cut theory of the crime from the get go (at trial). And we certainly don't have that impression from the article. Regardless of who is waffling with the statement.

[jeremiads]

The writer's "may have" opening statement is not attributed directly to McQuary. Given what little has been made public, the writer's opening statement sounds to me more like his own attempt to cobble something conclusive out of the limited and vaguely worded information that's available.Or they are being fed crap, which is what it feels like happened to me when the Courier leaked my name with more and more detail associated behind it in each article before the first trial.

I don't trust anything in these papers about this case that isn't sourced.

[upallnight]

I didn't get much of anything from the article. . . the State may be in great shape for all we know. *fingers crossed*
I hope they are also. I agree with L, they need to have a clear cut case but maybe they have found more that Gibbons did not know about before or was not known then. I guess Gibbons only knew what they handed to him. I do think maybe things may have been over looked or not tested as well as they should have been if Gary did kill Nona. The one thing that stumps me is why in the heck did he leave the wrapper there of all things? If he tried to clean up to cover up evidence, well that wrapper may well be the evidence that convicts him if they have found more from testing things again etc. Lord knows, I hope they have more if he did it, they are going to need it IMO. Still wonder why they needed his DNA again if they had it already, if they had it already-I don't think that has been stated before for sure. One thing I can say is with Gary living right close to Nona, same apt. bldg., that would make more sense on why no vehicle was seen that did not belong there or walking around with the stick that was used to secure the patio glass door. I wonder if they may have found the green sweater, the stick, the battery? I think they think they have their man. I don't know any more than anyone else but I do know they think Gary is the person who killed Nona. I really don't think they would go after Gary otherwise, not after they thought they had their man with KJ. Ugggh! Pray for Justice, pray for the truth!

[lorettalockhorn]

Link to the article which appeared on P1 above the fold not on the op ed page. The headline refers to new information.

http://couriernews.com/story.php?ID=21336

And I'm really curious as to Dunn's IQ if he actually killed Nona to cover a rape and walked off and left the one item (that we know of) that would link him to the crime.

[TJEddie]

Link to the article which appeared on P1 above the fold not on the op ed page. The headline refers to new information.

http://couriernews.com/story.php?ID=21336

And I'm really curious as to Dunn's IQ if he actually killed Nona to cover a rape and walked off and left the one item (that we know of) that would link him to the crime.

So far, the writer of this article is the only person I've seen claim that Dunn 1)allegedly raped Nona, and 2)killed Nona to avoid a rape charge.

[upallnight]

Link to the article which appeared on P1 above the fold not on the op ed page. The headline refers to new information.

http://couriernews.com/story.php?ID=21336

And I'm really curious as to Dunn's IQ if he actually killed Nona to cover a rape and walked off and left the one item (that we know of) that would link him to the crime.
I would like to know that to, maybe this mental evaluation is going to come into play during the trial. Then again, maybe he did not know the wrapper ended up there if there was a struggle. I know, long shot but he could have been scared off. Maybe Ryan did go by and he was still there cleaning up and he left out the back door with Ryan at the front door, not sure what time Gary's alibi puts him somewhere other than at his apartment. I think the blood on that back patio blinds may be from the killer checking to try to get out that way. If Gary did touch that stick his prints or DNA may be on it so he may have took it with him. Maybe he took her green sweater thinking that might link him to the crime also from sweat or something. I don't know, leaving that wrapper there just don't seem within reason, but like L said, IQ-or maybe a rush to get away because of a knock at the door, her phone ringing or what? Her shower was wet right? Maybe he was up there cleaning up. Did they ever pull that pipe to check it for evidence? I don't remember now. New evidence means just that, L hit the nail on the head so to say. What new evidence do they have? I seem to remember some blood being in the kitchen, I hate to even think of the struggle and/or horror Nona must have gone through, it was bad enough without the possiblity of rape, but now that rape is on the table it only adds more to the grief I am sure to for her loved ones. Because so many people really cares about this young girl it makes it even harder to swallow for those who cared about her also. Her life mattered before and it always will. That will never change no matter who the guilty party is. Many days and nights have come and gone, but-the one day we all wait for may be coming, the truth may be in the making. If not - Carol is the one who is suffering and will have to suffer-again. She is a victim of this terrible crime, it is just so wrong, so-so wrong.

[TJEddie]

http://www.nwanews.com/adg/News/258338/

Ok, here's another article that specifically mentions apparent evidence of rape or attempted rape. I still find it odd that neither article gives a direct quote or source for that information. When previously questioned, McQuary did not offer rape as the aggravating circumstance for the capital murder charge, and has in fact acknowledged that sexual assault would be difficult to prove. I wonder if that has changed.

Both amendments mentioned in the article are from Arkansas' list of aggravating circumstances which must exist beyond reasonable doubt in order for a death sentence to be handed down. Reading through the list, I'd say there are a few others that would apply as well. As I understand it, aggravating factors must be weighed against mitigating factors when deciding between death and life without parole. The defense has already indicated that they might be using the results of a psych exam, presumably to present mitigating factors.

For anyone interested, Arkansas code pertaining to death sentence decisions can be found here (Title 5, Subtitle 1, Chapter 4, Subchapter 6):

http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx

[lorettalockhorn]

Thanks for the link TJE! Isn't the source the amended information document? In other words McQuary and/or the prosecution?

[TJEddie]

Thanks for the link TJE! Isn't the source the amended information document? In other words McQuary and/or the prosecution?

Yes, the only source given in both articles is the amended information document. However, nothing that either reporter quotes from that document says anything about rape. What I'm wondering is, what is the source for the allegations of rape or attempted rape? Both reporters indicate that rape was the crime Dunn was attempting to cover up, but neither offer a quote or a source that mentions rape.

[lorettalockhorn]

Hearing in Dunn murder trial June 8

Trial expected in September

A hearing on motions recently filed in the case of a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University student Nona Dirksmeyer has been set for 1:30 p.m. June 8 at the Pope County Courthouse.
Gary Dunn, 29, who remains in police custody, will face a jury trial Sept. 28 in connection with the Dec. 15, 2005, homicide.

Link to Courier site: http://couriernews.com/ (just in case they get around to updating. :rolleyes: )

[lorettalockhorn]

Murder-case lawyers to contest DNA results
Raft of motions filed in student’s death

LITTLE ROCK — Attorneys for a man accused of murdering Arkansas Tech University student Nona Dirksmeyer plan to ask a judge to suppress all DNA-testing evidence the state plans to present in the case.

Attorneys Jeff Rosenzweig and William O. James Jr. disclosed their plans in a courtdocument filed recently along with numerous motions, including one to move Gary Dunn’s capital-murder trial to Clarksville and another to suppress any evidence obtained from Dunn’s wife.

Judge Bill Pearson will preside over a June 8 hearing in Pope County Circuit Court in Russellville on the motions. The case is scheduled to go to trial Sept. 28.

Defense attorneys said Dunn, 29, of Dover will file a full motion setting forth the grounds for suppressing or excluding any DNA evidence after courtordered testing is complete.

In April, the prosecution filed a court document accusing Dunn of killing Dirksmeyer on Dec. 15, 2005, in hopes of avoiding arrest in her rape or attempted rape.

Dunn is the second person charged in the death of Dirksmeyer, 19. A jury acquitted her boyfriend, Kevin Jones, in July 2007, and a special prosecutor later said Jones was, in fact, innocent.

Dirksmeyer’s nude body was found in a pool of blood on the living room floor of her Russellville apartment. Authorities said she had been choked, beaten and stabbed, and slashed with a knife on her face, shoulders and throat.

Police found a condom wrapper, but no condom, in Dirksmeyer’s apartment after her death. Jones’ attorneys continued working to exonerate him after his acquittal and said DNA on the wrapper eventually led them to Dunn.

The prosecution plans to seek the death penalty if Dunnis convicted.

Defense attorneys also have asked that Dunn’s trial be moved from Russellville to either Clarksville in Johnson County or Charleston in Franklin County. Special prosecutors Jack McQuary and H.G. Foster said in a response that they do not oppose a change of venue.

The motions, filed in April, reveal that the prosecution plans to call Dunn’s wife, Jennifer Dunn, as a witness - an action the defense opposes.

“An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse,” the defense attorneys wrote.

The defense also said Gary Dunn believes that his wife already has given statements to the prosecution “in violation of marital privilege.”

“Once the State has identified each such statement and if it violates the privilege, Dunn will move to exclude any evidence derived from the violation of marital privilege,” the defense wrote.

In a response, prosecutors said they have no obligation to disclose the substance of Jennifer Dunn’s expected testimony.

The prosecutors also point to “case law which allows testimony concerning conversations between a husband and wife which are not deemed privileged as they are not considered ‘confidential.’ Those include, but are not limited to, statements between a husband and wife that are meant to be published to the police as an alibi.”

Other motions filed include one seeking to suppress statements the defendant made to law enforcement officials and one to declare unconstitutionally vague the Arkansas statute under which Dunn is charged with capital murder.

The specific provision under which Dunn is charged is Arkansas Code Annotated 5-10-101(a)(4) which refers to the “premeditated and deliberate purpose of causing the death of another person,” according to the defense.

Lawyers and others involved in the case are under a gag order and cannot freely discuss the case.

This article was published today at 3:51 a.m.
Arkansas, Pages 10 on 05/14/2009

http://www2.arkansasonline.com/news/2009/may/14/murder-case-lawyers-contest-dna-results-20090514/?subscriber/arkansas

[Amy]

Murder-case lawyers to contest DNA results
Raft of motions filed in student’s death

LITTLE ROCK — Attorneys for a man accused of murdering Arkansas Tech University student Nona Dirksmeyer plan to ask a judge to suppress all DNA-testing evidence the state plans to present in the case.

Attorneys Jeff Rosenzweig and William O. James Jr. disclosed their plans in a courtdocument filed recently along with numerous motions, including one to move Gary Dunn’s capital-murder trial to Clarksville and another to suppress any evidence obtained from Dunn’s wife.

Judge Bill Pearson will preside over a June 8 hearing in Pope County Circuit Court in Russellville on the motions. The case is scheduled to go to trial Sept. 28.

Defense attorneys said Dunn, 29, of Dover will file a full motion setting forth the grounds for suppressing or excluding any DNA evidence after courtordered testing is complete.

As usual, we would not want forensic evidence be allowed in a trial if it would point to the involvement of the defendant!!! Now, wouldn't that be just so---unjust? Let the trial proceed with the hands of the prosecution tied--let's not let them present ANY evidence that points to Dunn--it might prejudice the jury against him, after all.

In April, the prosecution filed a court document accusing Dunn of killing Dirksmeyer on Dec. 15, 2005, in hopes of avoiding arrest in her rape or attempted rape.

Dunn is the second person charged in the death of Dirksmeyer, 19. A jury acquitted her boyfriend, Kevin Jones, in July 2007, and a special prosecutor later said Jones was, in fact, innocent.

Dirksmeyer’s nude body was found in a pool of blood on the living room floor of her Russellville apartment. Authorities said she had been choked, beaten and stabbed, and slashed with a knife on her face, shoulders and throat.

Police found a condom wrapper, but no condom, in Dirksmeyer’s apartment after her death. Jones’ attorneys continued working to exonerate him after his acquittal and said DNA on the wrapper eventually led them to Dunn.

The prosecution plans to seek the death penalty if Dunnis convicted.

Defense attorneys also have asked that Dunn’s trial be moved from Russellville to either Clarksville in Johnson County or Charleston in Franklin County. Special prosecutors Jack McQuary and H.G. Foster said in a response that they do not oppose a change of venue.

The motions, filed in April, reveal that the prosecution plans to call Dunn’s wife, Jennifer Dunn, as a witness - an action the defense opposes.

“An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse,” the defense attorneys wrote.

The defense also said Gary Dunn believes that his wife already has given statements to the prosecution “in violation of marital privilege.”

“Once the State has identified each such statement and if it violates the privilege, Dunn will move to exclude any evidence derived from the violation of marital privilege,” the defense wrote.

In a response, prosecutors said they have no obligation to disclose the substance of Jennifer Dunn’s expected testimony.

The prosecutors also point to “case law which allows testimony concerning conversations between a husband and wife which are not deemed privileged as they are not considered ‘confidential.’ Those include, but are not limited to, statements between a husband and wife that are meant to be published to the police as an alibi.”

Other motions filed include one seeking to suppress statements the defendant made to law enforcement officials and one to declare unconstitutionally vague the Arkansas statute under which Dunn is charged with capital murder.

Of course, let's not include any statements made by Dunn to LE--afterall, most people figure LE is just having a casual conversation when they INTERVIEW people about a murder. One should never expect their statements to lead the their guilt--whether they are guilty or not. Hmmm, the Arkansas statute is unconstitutionally vague--will this lead to anyone else ever charged under this statute to get a new trial? It seems, if it has been "constitutional" enough for years, it would be constitutional enough for Dunn.

The specific provision under which Dunn is charged is Arkansas Code Annotated 5-10-101(a)(4) which refers to the “premeditated and deliberate purpose of causing the death of another person,” according to the defense.

Lawyers and others involved in the case are under a gag order and cannot freely discuss the case.

This article was published today at 3:51 a.m.
Arkansas, Pages 10 on 05/14/2009

http://www2.arkansasonline.com/news/2009/may/14/murder-case-lawyers-contest-dna-results-20090514/?subscriber/arkansas

Bolding mine.

[jeremiads]

Fair points on the bolded comments, but no one should forget that it's still a little shady on how Dunn was roped in, how the evidence was collected, and why Robinson was involved and continues to dance around that. All of that could be a gigantic factor in the evidence against him, and things like a custody chain are going to be very important.

[lorettalockhorn]

Without reading the motions it's hard to form a solid opinion, but, (and I have big buts), the chain of custody is important as well as the type of DNA.

I find it interesting that the annotation refers to premeditation, but a previous article states that the murder was a cover up for the rape. Does The State think Dunn planned to rape and murder Nona? Or is this an instance of premeditation existing during a minute amount of time? Did Dunn leave and come back to commit the murder while Nona was unconscious? Wouldn't a murder committed during the commission of another felony (rape) be sufficient to ask for the death penalty? Sounds like the prosecution has a sturdier theory of the crime this time around at any rate.

As for the privileged information, it's supposedly sacrosanct. But wasn't Dunn arrested at his ex-wife's home? If they maintained a friendship/relationship beyond the finalization of the divorce those conversations wouldn't be privileged. I thought Dunn's mother had alibied him when he was first considered.

Mostly just glad to see this case moving forward. RIP Nona.

[Amy]

Without reading the motions it's hard to form a solid opinion, but, (and I have big buts), the chain of custody is important as well as the type of DNA.

I find it interesting that the annotation refers to premeditation, but a previous article states that the murder was a cover up for the rape. Does The State think Dunn planned to rape and murder Nona? Or is this an instance of premeditation existing during a minute amount of time? Did Dunn leave and come back to commit the murder while Nona was unconscious? Wouldn't a murder committed during the commission of another felony (rape) be sufficient to ask for the death penalty? Sounds like the prosecution has a sturdier theory of the crime this time around at any rate.

As for the privileged information, it's supposedly sacrosanct. But wasn't Dunn arrested at his ex-wife's home? If they maintained a friendship/relationship beyond the finalization of the divorce those conversations wouldn't be privileged. I thought Dunn's mother had alibied him when he was first considered.

Mostly just glad to see this case moving forward. RIP Nona.

I'm glad someone else has a recollection of this. When I posted something last week or so, it did not seem others posting @ that time had heard of it.

I can't remember if it was brought up maybe even before the arrest or trial of KJ. Or, it could have been something reported after Dunn was charged. Wherever, whenever, I do remember that his mom had confirmed the alibi, but that later (after KJ was aquitted) there was posting about how his alibi had fallen thru.

[TJEddie]

Without reading the motions it's hard to form a solid opinion, but, (and I have big buts), the chain of custody is important as well as the type of DNA.

Your butt's not that big.....it only looks big when you wear those old Hawaiian print pedal pushers to work out in the yard. (At least that's what the neighbors tell me.)

I find it interesting that the annotation refers to premeditation, but a previous article states that the murder was a cover up for the rape. Does The State think Dunn planned to rape and murder Nona? Or is this an instance of premeditation existing during a minute amount of time? Did Dunn leave and come back to commit the murder while Nona was unconscious? Wouldn't a murder committed during the commission of another felony (rape) be sufficient to ask for the death penalty? Sounds like the prosecution has a sturdier theory of the crime this time around at any rate.

I'm still not sold on the reported rape/attempted rape angle. To my knowledge, that specific charge hasn't appeared in any official filings, nor has it been mentioned in any quoted and sourced public statements. You're correct that rape/attempted rape is a valid aggravating circumstance for charges of capital murder, yet it's not included in Dunn's charges. Unless something changes (and it might) I'm not ready to jump on that bandwagon.

As for the privileged information, it's supposedly sacrosanct. But wasn't Dunn arrested at his ex-wife's home? If they maintained a friendship/relationship beyond the finalization of the divorce those conversations wouldn't be privileged. I thought Dunn's mother had alibied him when he was first considered.

It's my understanding that spousal privilege is limited to information divulged only to the spouse. The presence or inclusion of a third party negates the privilege. McQuary cites one possible exclusion.....I would think overheard conversations with friends or family members, behavior or evidence also seen by others, etc. would also be excluded. And, as you noted, communications after a divorce are not privileged.

Mostly just glad to see this case moving forward. RIP Nona.

Me too.

[TJEddie]

I'm glad someone else has a recollection of this. When I posted something last week or so, it did not seem others posting @ that time had heard of it.

I can't remember if it was brought up maybe even before the arrest or trial of KJ. Or, it could have been something reported after Dunn was charged. Wherever, whenever, I do remember that his mom had confirmed the alibi, but that later (after KJ was aquitted) there was posting about how his alibi had fallen thru.

The first time I heard Gary Dunn's name was the day of his arrest. To my knowledge, there was no public mention of him as a suspect during the first investigation and trial. (Although it does seem that we had a couple of posters here who mentioned a mysterious neighbor with a criminal past....am I remembering correctly?)

[lorettalockhorn]

The first time I heard Gary Dunn's name was the day of his arrest. To my knowledge, there was no public mention of him as a suspect during the first investigation and trial. (Although it does seem that we had a couple of posters here who mentioned a mysterious neighbor with a criminal past....am I remembering correctly?)

My recollection is that it was stated (here) that there was a registered sex offender living in the apartment complex and/or nearby. I've never found that Dunn is a RSO, and one of the first things I did when Nona's murder hit the news was look at Pope County and Russellville RSOs (since Nona was found nude, that alarm bell went off immediately in my head), but didn't find anyone that piqued my interest.

Pedal pushers. You're older than I thought. :hat:

[jeremiads]

The first time I heard Gary Dunn's name was the day of his arrest. To my knowledge, there was no public mention of him as a suspect during the first investigation and trial. (Although it does seem that we had a couple of posters here who mentioned a mysterious neighbor with a criminal past....am I remembering correctly?)Pretty sure that some of the same people linked to leaking crap about me on here were saying the same sort of things about what I can only assume must have been Dunn.

[iluvmua]

I have a couple of questions:
I though Nona died as a result of a fatal blow to the head, Why would someone choke, beat, and stab her and then kill her with the base of a lamp?

What's this about a Green Sweater?

I think more info will come out at Gary's trial.

[JustCallMeNora]

Back during the first trial, there was some discussion on the main thread about the fact that the private lab had found semen on the vaginal swab and panties whereas the State lab found nothing. According to a post by christina, the State expert said that if his presumptive tests came up negative, he stopped testing on that item. The private expert said that even if his presumptive tests were negative, he continued with additional tests. This is apparently how the private lab detected evidence missed by the State lab.

I'm wondering if this might come into play in the current case. As I recall, there were several blood-smeared items tested by the State that only yielded "it was the victim's blood." Assuming most of the blood smears were left by the perpetrator, I would think there's a good possibility of his DNA being present in at least some of them. Maybe the State has updated its equipment and/or procedures since the first trial.


Can the semen on the panties not be DNA matched to Dunn?

[TJEddie]

Can the semen on the panties not be DNA matched to Dunn?

The semen on the panties and vaginal swab was Kevin's. It was determined to be days old, consistent with Kevin's claim that he and Nona had had sex a couple of nights before. Sorry if I wasn't clear on that. The point I was making was that the private lab seemed to be more thorough in their testing procedures. Perhaps additional testing on all evidence has yielded DNA results that were missed by the state the first time around.

[JustCallMeNora]

The semen on the panties and vaginal swab was Kevin's. It was determined to be days old, consistent with Kevin's claim that he and Nona had had sex a couple of nights before. Sorry if I wasn't clear on that. The point I was making was that the private lab seemed to be more thorough in their testing procedures. Perhaps additional testing on all evidence has yielded DNA results that were missed by the state the first time around.

LOL Thanks, TJEddie for jarring my memory. I recall that heated topic of converstion now. I have not been keeping up and when I saw your other post, I thought it was a new finding. I just haven't read back far enough.

I totally agree about the crime lab testing verses the private lab testing. I am sure the crime lab has a lot more time and means to do much more thorough and better testing. Our crime lab is kind of pittiful-- so backed up and overrun.

This may have already been mentioned somewhere, but can you tell me if Dunn's team plans to do their own DNA testing on the evidence? I do know that they are trying to get the DNA evidence thrown out altogether, but it seems to me that if the judge does not allow that that it would be to their benefit to have the evidence scoped out themselves even though I think Dunn is the correct guy, but I am guessing cost would be an issue.

Thanks for clarifying, TJ!!! :seeya:

[upallnight]

LOL Thanks, TJEddie for jarring my memory. I recall that heated topic of converstion now. I have not been keeping up and when I saw your other post, I thought it was a new finding. I just haven't read back far enough.

I totally agree about the crime lab testing verses the private lab testing. I am sure the crime lab has a lot more time and means to do much more thorough and better testing. Our crime lab is kind of pittiful-- so backed up and overrun.

This may have already been mentioned somewhere, but can you tell me if Dunn's team plans to do their own DNA testing on the evidence? I do know that they are trying to get the DNA evidence thrown out altogether, but it seems to me that if the judge does not allow that that it would be to their benefit to have the evidence scoped out themselves even though I think Dunn is the correct guy, but I am guessing cost would be an issue.

Thanks for clarifying, TJ!!! :seeya:
JCMN, just wondering beside the condom wrapper, can you share why you think Dunn is guilty, any evidence other than the condom wrapper that you can share?

[JustCallMeNora]

JCMN, just wondering beside the condom wrapper, can you share why you think Dunn is guilty, any evidence other than the condom wrapper that you can share?

Thanks for asking nicely, but I'd rather not get into that. :)

[iluvmua]

Why would you choke, beat and stab someone and then use a floor lamp?

I though the floor lamp caused the fatal blow?:confused:


What about this Green Sweater?

[sololobo]

FD, your last post apparently dissappeared from here. I read it and it vanished before I could complete a reply:( I will try to answer it again.

In the first investigation, anything pointing to a sexual assault was "staged" because it wouldn't fit Kevin as a suspect. Since they now have a new suspect, the "staged" indications of sexual assault are no longer considered "staged".

Nona had a knife at her throat during at least part of the the attack. Also, the blows to her head may have prevented any determined defense on her part. It is possible, she may have fought back at first or tried to flee. The objects out of place indicate some sort of defense or attempt to flee on her part. For example, I suppose its possible she may have tried to hit the killer with the jar candle found in the floor.

[TJEddie]

I have a feeling this case is going to wind up being quite similar to the Bona Dea attack. Maybe some of the mystery surrounding that case will finally be cleared up.

[FDInLaw]

I have a feeling this case is going to wind up being quite similar to the Bona Dea attack. Maybe some of the mystery surrounding that case will finally be cleared up.

Do you think we will be hearing about the Bona Dea attack much during the trial? Can't the defense block this line of thought? :shrug:

[FDInLaw]

With a new suspect we need to view the evidence in a new light. I get that, and am trying. What was “staged” may now be “real.” There are details that bother me though. For instance, the temperature was turned down. A klutzy rapist left the condom wrapper but had the foresight turn the temperature down? I wonder if Dunn has a solid alibi for the rest of the day? Is there evidence that he would try to throw the police regarding the time of her death? The toilets were ripped out of the wall in an attempt to find the condom. If the perp was wise enough to take it with him, why did he leave the wrapper???? Guess, the wrapper could be the one mess up that will fully exonerate Kevin and place Dunn on death row. I’m just trying to fit it in with everything else we know.


FD, your last post apparently dissappeared from here. I read it and it vanished before I could complete a reply:( I will try to answer it again.

In the first investigation, anything pointing to a sexual assault was "staged" because it wouldn't fit Kevin as a suspect. Since they now have a new suspect, the "staged" indications of sexual assault are no longer considered "staged".

Nona had a knife at her throat during at least part of the the attack. Also, the blows to her head may have prevented any determined defense on her part. It is possible, she may have fought back at first or tried to flee. The objects out of place indicate some sort of defense or attempt to flee on her part. For example, I suppose its possible she may have tried to hit the killer with the jar candle found in the floor.

[FDInLaw]

Another thought. . . if an effort was made by the perp to cover his identity; The wrapper was not found right next to the body but on the kitchen counter. Maybe, in the rush to clean up and exit, it was just forgotten. Out of sight, out of mind. :shrug:

[TJEddie]

Do you think we will be hearing about the Bona Dea attack much during the trial? Can't the defense block this line of thought? :shrug:

Arkansas Rules of Evidence, Article IV, Rule 404(b):

"(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."

http://courts.state.ar.us/rules/rules_of_evidence/article4/index.cfm

Based on this, I'd say whether or not Bona Dea comes up during the actual trial will depend on the case and the evidence. Given what little we know now, I have no clue. It may not come up until the penalty phase, as indicated by one of McQuary's filings. (Assuming a guilty verdict, of course.)

[FDInLaw]

Arkansas Rules of Evidence, Article IV, Rule 404(b):

"(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."

http://courts.state.ar.us/rules/rules_of_evidence/article4/index.cfm

Based on this, I'd say whether or not Bona Dea comes up during the actual trial will depend on the case and the evidence. Given what little we know now, I have no clue. It may not come up until the penalty phase, as indicated by one of McQuary's filings. (Assuming a guilty verdict, of course.)
Did they argue rape as the motive for the Bona Dea attack? I'll have to go back a read. :read:

[TJEddie]

Did they argue rape as the motive for the Bona Dea attack? I'll have to go back a read. :read:

No, from all that I have read Gary Dunn has never been charged with a sex crime.

(And from what I have read that is quoted and sourced, he has not been charged with a sex crime this time around, either. We'll see if that changes.)

[FDInLaw]

No, from all that I have read Gary Dunn has never been charged with a sex crime.

(And from what I have read that is quoted and sourced, he has not been charged with a sex crime this time around, either. We'll see if that changes.)

My guess is that the wrapper is enough for the PA to argue motive but with no physical sign of forcible rape (as stated during the first trial) he was unable to charge Dunn with Rape. (?)

MOO

[lorettalockhorn]

Another thought. . . if an effort was made by the perp to cover his identity; The wrapper was not found right next to the body but on the kitchen counter. Maybe, in the rush to clean up and exit, it was just forgotten. Out of sight, out of mind. :shrug:

It makes no sense to me that the killer would be careful enough to leave behind few clues (or lucky enough that RPD would be such slackers when it came to collecting evidence); then leave the condom wrapper in plain sight. Didn't Frost or one of the officers cite statistics about how very rare rape and murder are? I'm struggling with getting past the scene being staged.

Don't remember where I read it, but didn't McQuary at some point make a statement about premeditation with regard to Dunn being charged? This was way back when he was first arrested. But the latest statement(s) are that the murder was to cover up the rape. Is this going to be one of those incidents where the premeditation was in the blink of an eye rather than hours/days/weeks ahead of the crime?

Both Kokes and the defense guy (sorry I've forgotten his name) agreed that the killing was a relatively fast series of events. And it seems to me that Nona's injuries reflect someone who was angry with her and were personal. Did Dunn actually know Nona that well?

RE: Iluvmua's question about the green sweater; Nona wore it to her morning exam, but don't believe that it was found in the apartment. Trophy?

[FDInLaw]

It makes no sense to me that the killer would be careful enough to leave behind few clues (or lucky enough that RPD would be such slackers when it came to collecting evidence); then leave the condom wrapper in plain sight. Didn't Frost or one of the officers cite statistics about how very rare rape and murder are? I'm struggling with getting past the scene being staged.

Don't remember where I read it, but didn't McQuary at some point make a statement about premeditation with regard to Dunn being charged? This was way back when he was first arrested. But the latest statement(s) are that the murder was to cover up the rape. Is this going to be one of those incidents where the premeditation was in the blink of an eye rather than hours/days/weeks ahead of the crime?

Both Kokes and the defense guy (sorry I've forgotten his name) agreed that the killing was a relatively fast series of events. And it seems to me that Nona's injuries reflect someone who was angry with her and were personal. Did Dunn actually know Nona that well?
RE: Iluvmua's question about the green sweater; Nona wore it to her morning exam, but don't believe that it was found in the apartment. Trophy?
If an individual has rage issues, does it matter? To our knowledge, (though there are rumors that suggest otherwise) Dunn did not know the Bona Dea victim.

[lorettalockhorn]

If an individual has rage issues, does it matter? To our knowledge, (though there are rumors that suggest otherwise) Dunn did not know the Bona Dea victim.

Just not sure what to think. So many injuries in the face/head/neck area. Why not just stab her to death? I do see rage, but if the killer didn't know Nona, who was the rage directed at? Him or herself?

The original charge against Dunn in the Bona Dea case was attempted murder, but those trails are pretty populated. Would he have killed his victim right then right there? That's crazy. What sets this guy off?

[FDInLaw]

Just not sure what to think. So many injuries in the face/head/neck area. Why not just stab her to death? I do see rage, but if the killer didn't know Nona, who was the rage directed at? Him or herself?

The original charge against Dunn in the Bona Dea case was attempted murder, but those trails are pretty populated. Would he have killed his victim right then right there? That's crazy. What sets this guy off?The Virginia Tech shooter comes to mind. There are some cases that as relatively sane individuals, we are just not going to understand the depths of mental depravity and illness. Maybe a cheerleader teased Dunn in high school and he has issues with pretty blonde girls??? I have no clue.

[lorettalockhorn]

The Virginia Tech shooter comes to mind. There are some cases that as relatively sane individuals, we are just not going to understand the depths of mental depravity and illness. Maybe a cheerleader teased Dunn in high school and he has issues with pretty blonde girls??? I have no clue.

My mistake is probably trying to make sense of a senseless crime. A talking head on one o the Prime News/Jane Velez-Mitchell/Nancy Grace type shows recently said that people rarely just snap; that there is a regression or descent in behaviors that people just don't (or refuse to) pick up on. And psychology tells us that past behavior is the best predictor of future behavior. So maybe the Bona Dea attack was a precursor to Nona's murder (not that they jury will learn about that). But don't we have to assume that Dunn functioned relatively normally most of the time? Something set him off both times, assuming he's guilty. It doesn't make sense that he would rape or murder the BD victim at the trails. And it doesn't make sense that if Nona knew him or they had a relationship that he would have been able to get away with raping her without killing her.

[sololobo]

With a new suspect we need to view the evidence in a new light. I get that, and am trying. What was “staged” may now be “real.” There are details that bother me though. For instance, the temperature was turned down. A klutzy rapist left the condom wrapper but had the foresight turn the temperature down? I wonder if Dunn has a solid alibi for the rest of the day? Is there evidence that he would try to throw the police regarding the time of her death? The toilets were ripped out of the wall in an attempt to find the condom. If the perp was wise enough to take it with him, why did he leave the wrapper???? Guess, the wrapper could be the one mess up that will fully exonerate Kevin and place Dunn on death row. I’m just trying to fit it in with everything else we know.

A simpler explanation for the thermostat being turned down is the killer was sweating from exertion and from fear and panic when he realized what he had done. What was going through his mind after he hit her with the lamp? I believe he was more concerned about getting caught than taking a life. He needed to get rid of evidence and he needed an alibi.....

[sololobo]

If an individual has rage issues, does it matter? To our knowledge, (though there are rumors that suggest otherwise) Dunn did not know the Bona Dea victim.

IIRC, during the sentencing phase of the Bona Dea trial, the defense mentioned Dunn had taken anger management classes after the attack. I wonder if any words, perhaps of a sexual nature, were exchanged before the attack that would have triggered him?

[sololobo]

The killer may have been "worshipping" Nona from afar and finally decided to act on his fantasies. Nona did not share his fantasies and promptly spurned his advances....

[TJEddie]

Well, as things stand now, I'm leaning in a different direction. I still think this was most likely a rage attack, similar to the one at Bona Dea, but staged to look like a sexual assault. As for motive, I'm thinking of Dunn's known propensity for criminal behavior and parole violations, what Nona might have observed as a neighbor, and how her observations might have presented a threat to Dunn. (For instance, had Dunn's parole officer or other authorities been snooping around talking to his neighbors?) IMO, something along these lines fits better with the actual charges.

[TJEddie]

Mention of the green sweater reminded me of another possible scrap of evidence......the green SUV that was seen parked in front of Nona's apartment the day of her murder. As I recall, someone posted that the SUV was addressed at trial and Frost said it had been checked out and belonged to someone visiting another tenant. (Based on vague memory.....someone might want to check my work.) Anyway, I wonder if it will wind up being significant.

[FDInLaw]

Mention of the green sweater reminded me of another possible scrap of evidence......the green SUV that was seen parked in front of Nona's apartment the day of her murder. As I recall, someone posted that the SUV was addressed at trial and Frost said it had been checked out and belonged to someone visiting another tenant. (Based on vague memory.....someone might want to check my work.) Anyway, I wonder if it will wind up being significant.

From page 206 of the main thread:

Now the green SUV I remember from Frost's testimony...defense tried to slam him saying that he never found out who was driving the SUV....Frost countered by saying it belonged to visitors of the last apartment on the end ...Christina, do you remember this from the trial...I think I'm right on that, maybe?

[sololobo]

Well, as things stand now, I'm leaning in a different direction. I still think this was most likely a rage attack, similar to the one at Bona Dea, but staged to look like a sexual assault. As for motive, I'm thinking of Dunn's known propensity for criminal behavior and parole violations, what Nona might have observed as a neighbor, and how her observations might have presented a threat to Dunn. (For instance, had Dunn's parole officer or other authorities been snooping around talking to his neighbors?) IMO, something along these lines fits better with the actual charges.

I don't think the green sweater was ever mentioned being missing. IIRC, it was not by the body with the rest of her clothes. If she was attacked fully clothed, the sweater would have blood on it, if not from the attack, from the removal of it from the body. If the sweater is indeed missing, perhaps this is why? I wonder if any fibers from the sweater was found in the pooled blood?

Is it possible Nona removed the sweater when she retuned from Tech? If so, it may have been in another part of the apartment. Does anyone know for sure if the sweater was missing?

[lorettalockhorn]

Solo, I posted earlier that the green sweater was missing (and now I'm not sure why!), but I found this posted way back when; I think the discussion at the time was whether or not Nona disrobed or her clothes were removed by the perp:

An oral swab was used to rule out oral sex. On Tuesday, Danny Vallee testified that she was wearing blue jeans and a green sweater to her morning Biology test. A green sweater and blue jeans were found at the crime scene. They have come to the conclusion that these were the same clothes.

[TJEddie]

Based on various newspaper articles, the specific charge against Dunn is:

5-10-101.Capital murder.

(a)A person commits capital murder if:

(4)With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;

Additionally, if Dunn is found guilty, McQuary has indicated he will argue for the death penalty based on the following:

5-4-604.Aggravating circumstances.

An aggravating circumstance is limited to the following:

(3)The person previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person;

(5)The capital murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody;

The standard that must be met for all charges and aggravating circumstances is "beyond a reasonable doubt."

This and other info on capital murder charges, trial and sentencing requirements, etc. can be found here:

http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx

[TJEddie]

A simpler explanation for the thermostat being turned down is the killer was sweating from exertion and from fear and panic when he realized what he had done. What was going through his mind after he hit her with the lamp? I believe he was more concerned about getting caught than taking a life. He needed to get rid of evidence and he needed an alibi.....

Remember this?

"Then, Dipert said, she was told Jones went to the police station to tell investigators his brother had seen Nona driving her car at about 1 p.m. the day she died, and he was going to tell them that."

http://www.couriernews.com/archived_story.php?ID=15767&Search=Final%20Thoughts

"Chief Medical Examiner Dr. Charles KOKES took the stand after lunch. He testified that based on the degree of rigor mortis (stiffening of the limbs and joints after death) and the location and level of lividity in Dirksmeyer’s body at the time she was found, he estimated her death occurred sometime between 10:30 a.m. (the last time she spoke to someone) and 1 p.m. Dec. 15, 2005......Johnson also attacked KOKES’ time period for when the killing occurred, asking KOKES why the approximate time of death was not in KOKES’ notes.
KOKES responded he later formed an opinion about time of death based on information he received from police, namely the last time it was verified Dirksmeyer was alive.
Johnson asked him what would happen if new evidence were found to prove Dirksmeyer was alive at a later time on the day of her death.
“Then we would have to adjust the timeline,” KOKES said."

http://www.couriernews.com/archived_story.php?ID=15414&Search=Kokes

If Jones' alleged tip turns out to be true, the assumption that Nona stayed home after returning from her morning test would be erroneous. Maybe Nona was out running errands, left the heat off while she was away, and was attacked upon returning home before she had a chance to turn the heat back on.

[FDInLaw]

Remember this?

"Then, Dipert said, she was told Jones went to the police station to tell investigators his brother had seen Nona driving her car at about 1 p.m. the day she died, and he was going to tell them that."

http://www.couriernews.com/archived_story.php?ID=15767&Search=Final%20Thoughts

"Chief Medical Examiner Dr. Charles KOKES took the stand after lunch. He testified that based on the degree of rigor mortis (stiffening of the limbs and joints after death) and the location and level of lividity in Dirksmeyer’s body at the time she was found, he estimated her death occurred sometime between 10:30 a.m. (the last time she spoke to someone) and 1 p.m. Dec. 15, 2005......Johnson also attacked KOKES’ time period for when the killing occurred, asking KOKES why the approximate time of death was not in KOKES’ notes.
KOKES responded he later formed an opinion about time of death based on information he received from police, namely the last time it was verified Dirksmeyer was alive.
Johnson asked him what would happen if new evidence were found to prove Dirksmeyer was alive at a later time on the day of her death.
“Then we would have to adjust the timeline,” KOKES said."

http://www.couriernews.com/archived_story.php?ID=15414&Search=Kokes

If Jones' alleged tip turns out to be true, the assumption that Nona stayed home after returning from her morning test would be erroneous. Maybe Nona was out running errands, left the heat off while she was away, and was attacked upon returning home before she had a chance to turn the heat back on.IIRC, it was a friend of Kevin's that claimed to have seen Nona but once at the police station he did not give a statement/or was not sure he really did see Nona.

[TJEddie]

IIRC, it was a friend of Kevin's that claimed to have seen Nona but once at the police station he did not give a statement/or was not sure he really did see Nona.

Thanks, FD. If there was anything to the claim, maybe the second investigation turned up something different.

[TJEddie]

solo, you're the detail man on exactly what took place inside the apartment......here's something I ran across that may or may not be useful to you. On page 1 of the Crime Scene Analysis thread, IfIwereU posted (in part):

my recollection of the blood near the light switch was it was near the front entry door close to a hanging key rack, where Nona's keys were found hanging...

So maybe the killer wasn't reaching for the light switch, but rather for the keys?

[sololobo]

solo, you're the detail man on exactly what took place inside the apartment......here's something I ran across that may or may not be useful to you. On page 1 of the Crime Scene Analysis thread, IfIwereU posted (in part):

my recollection of the blood near the light switch was it was near the front entry door close to a hanging key rack, where Nona's keys were found hanging...

So maybe the killer wasn't reaching for the light switch, but rather for the keys?

The simplest explanation would be the killer turned off the lights so no one could see into the apartment. Blood on the blinds on the sliding glass door indicate he looked out that way and probably didn't want any light inside giving him away. More than likely, he checked the front of the apartment through the kitchen window or from a front door peep hole or a slightly ajar door. He had to make sure the coast was clear before he exited.

[TJEddie]

The simplest explanation would be the killer turned off the lights so no one could see into the apartment. Blood on the blinds on the sliding glass door indicate he looked out that way and probably didn't want any light inside giving him away. More than likely, he checked the front of the apartment through the kitchen window or from a front door peep hole or a slightly ajar door. He had to make sure the coast was clear before he exited.

Did we ever learn where Dunn's apartment was in relation to Nona's? I'm thinking it was somewhere across the parking lot, but I'm not sure where I got that idea.

And of course I'm still curious about that green SUV. It was reported that James Evans, the neighbor who noticed it, is a bail bondsman. As a professional familiar with criminal elements and behaviors, I wonder if he might have had additional observations that were useful to the second investigation.

[TJEddie]

A bit OT, but interesting nonetheless......

Jack McQuary has been assigned to work another old/cold case in Arkansas. It seems to have some similarities to the Dirksmeyer case.

http://www.thecabin.net/stories/060209/loc_0602090001.shtml

[lorettalockhorn]

Hearing Monday in Dirksmeyer case

Defense seeks to prohibit death penalty, change venue

A hearing on 10 motions filed April 9 in the case o a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University student Nona Dirksmeyer has been set for 1:30 p.m. Monday at the Pope County Courthouse.
One motion filed by attorneys Jeff Rosenzweig and William O. James Jr. on behalf of Gary Dunn, 29, who will face a jury trial Sept. 28 in connection with the Dec. 15, 2005, homicide, seeks to prohibit the state from seeking the death penalty against the defendant, which special prosecuting attorney Jack McQuary of Little Rock confirmed the state would do at a Feb. 17 pre-trial hearing.
The motion filed by the defense counsel indicated the specific provision with which Dunn is charged with capital murder is "unconstritutionally vague" because the phrase "premeditated and deliberated purpose of causing the death of another person" cannot be distinguished from the phrase "with a purpose of causing the death of another person," which is a provision of first-degree murder.
Another motion filed by the defense counsel to be discussed Monday seeks to exclude DNA evidence obtained from testing a condom wrapper - and its biological matter - found at the crime scene.
A motion giving the defense access to the evidence was granted in March by Circuit Judge William M. Pearson. The motion designated the testing as privileged, but if the defense chooses to rely on the results during the trial, it must notify the prosecuting attorney in advance, according to court documents.
Though the April motion requesting exclusion of the evidence indicated the testing is not complete, it stated Dunn will file a full motion for its exclusion once the results are available.
In addition, the defense filed a motion in April requesting a change of venue, which McQuary said at Feruary's hearing he would not oppose. The motion requested Dunn's trial be held in Johnson County or the Charleston District of Franklin County due to the publicity surrounding the case. A previous defendant, Kevin Jones, received a change of venue for similar reasons and was tried in Ozark in Franklin County.
Other motions to be discussed at Monday's hearing include a request to suppress statements Dunn made prior to his eventual arrest, as well as to exclude a woman he was married to at the time of the murder from testifying at the trial.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley at the time of her death.

No link yet.

[FDInLaw]

I’ve been keeping an eye out all afternoon for an article about the hearing. Nothing yet. A brief summary; the Death Penalty is still on the table. Dunn’s ex-wife can testify. The trial will be held in Clarksville. The prosecution can not bring up Dunn’s prior convictions unless the defense does so first. (So, it looks like we may not be getting any answers about Bona Dea unless Dunn is convicted. At that time the prosecution will be about to mention it.) Please wait for an actually news article. . . my apologies if anything here is incorrect.

[iluvmua]

I hope Nona is one of the first people to greet me when I enter Heaven.

RIP Nona

You were very loved by so many people ( even strangers who did not know you).

[lorettalockhorn]

I hope Nona is one of the first people to greet me when I enter Heaven.

RIP Nona

You were very loved by so many people ( even strangers who did not know you).

Amen

[FDInLaw]

RUSSELLVILLE - A judge on Monday granted a defense motion to move the trial of a Dover man charged in the 2005 death of Arkansas Tech University student Nona Dirksmeyer from Pope County to Johnson County.

Gary Dunn's capital-murder trial, scheduled to begin Sept. 28, will be in Clarksville before Circuit Judge Bill Pearson. The prosecution did not object to moving the trial, which could last two weeks.

Pearson denied defense efforts to prevent the prosecution from seeking the death penalty if Dunn, 29, is convicted. Under Arkansas law, a person convicted of capital murder can be sentenced to death or to life in prison without parole.

Defense attorneys Jeff Rosenzweig and William O. James Jr. also sought to suppress any evidence the prosecution has obtained from Dunn's wife, Jennifer Dunn. The defense cited marital privilege, but special prosecuting attorney Jack McQuary said there were legal exceptions to such privilege.

Pearson said he would wait until the issue comes up at trial to decide that issue. "If marital privilege is invoked, we'd go into recess [away from jurors] and see what that [evidence] is," Pearson said. "I can't rule on it until I know what it is."

In April, the prosecution filed a court document saying Dunn killed Dirksmeyer, 19, on Dec. 15, 2005, in hopes of avoiding arrest in her rape or attempted rape.


>snip<


The judge said Monday that he will rule in 10 days on a defense motion to suppress statements Dunn made to law enforcement authorities as far back as Dec. 29, 2005 - four days after Dirksmeyer's death.

Bill Glover, senior special agent for the Arkansas State Police, testified that Dunn voluntarily agreed to a videotaped interview and took a polygraph, or lie-detector, test that day at the Russellville Police Department.

Neither attorneys nor witnesses divulged the results of that test.

Deputy Todd Steffy of the Dover Marshal's Office testified that he first met Dunn on Sept. 11, 2007 after Dunn's stepfather reported a burglary. The two did not discuss the Dirksmeyer case then, Steffy said. But the next day, Steffy said he asked Dunn if he would give him fingerprints and a DNA sample. Steffy said Dunn agreed.

Steffy said one of Jones' attorneys, Michael Robbins, asked him to look over the case and help out.

James sought to discredit Steffy during the hearing by getting Steffy to acknowledge Robbins eventually paid him some money for his expenses, though Steffy never said how much.

On Aug. 14, 2008, just over a week before police arrested Dunn in Dirksmeyer's death, Dunn gave another interview, this time to Steffy, Arkansas State Police criminal investigator Stacie Rhoads and another law-enforcement officer. Steffy said he also talked with Dunn alone on the day of the arrest for another interview.

The judge said he expects to call another hearing before the trial.





http://www.nwanews.com/adg/News/261577/

[FDInLaw]

Deputy Todd Steffy of the Dover Marshal's Office testified that he first met Dunn on Sept. 11, 2007 after Dunn's stepfather reported a burglary. The two did not discuss the Dirksmeyer case then, Steffy said. But the next day, Steffy said he asked Dunn if he would give him fingerprints and a DNA sample. Steffy said Dunn agreed.

Steffy said one of Jones' attorneys, Michael Robbins, asked him to look over the case and help out.

James sought to discredit Steffy during the hearing by getting Steffy to acknowledge Robbins eventually paid him some money for his expenses, though Steffy never said how much. Could this hurt the State's case against Dunn???

[lorettalockhorn]

Dunn trial goes to Johnson County

Judge denies defense's motions to prohiit state from seeking death penalty

A judge granted a motion or a change of venue Monday in the case of a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University student Nona Dirksmeyer.
The ruling will send Gary Dunn, 29, to Clarksville to face a jury trial Sept. 28 in connection with the Dec. 15, 2005, homicide, a move special prosecuting attorney Jack McQuary of Little Rock said he does not oppose.
The April 9 motion, filed by attorneys Jeff Rosenzweig and William O. James, Jr. on behalf of Dunn, requested the trial be held in either Johnson County or Charleston in Franklin County due to the pulicity surrounding the case. A previous defendant, Kevin Jones, received a change of venue for similar reasons and was tried in Ozark in Franklin County.
Als on on Monday, Circuit Judge William M. Pearson denied two motions, also filed April 9 by the defense counsel, that sought to prohibit the state from seeking the death penalty against the defendant, which McQuary confirmed the state would do at a Fe. 17 pre-trial hearing. Pearson was quick to dismiss both motions, citing previous rulings by the Arkansas Supremem Court.
One of the two motions indicated the specific provision with which Dunn is charged with capital murder is "unconstitutionally vague" because the phrase "premeditated and deliberated purpose of causing the death of another person" cannot be distinguished from the phrase "with a purpose of causing the death of another person," which is a provision of first-degree murder.
The other motion declined by Pearson claimed the felony information used to charge Dunn did not satisfy constitutional requirements for seeking the death penalty.
In determining whether to grant the defense counsel's motion to suppress all statements Dunn made to law enforcement prior to his eventual arrest, Pearson listened to testimonies by four law enforcement oficers, including investigators Bill Glover and Stacie Rhoads of the Arkansas State Police, deputy Todd Steffy of the Dover Marshal's Office, and Lt. Rowdy Sweet of the Pope County Sheriff's Office.
After the officers provided a basic timeline of their interactions with Dunn and agreed to submit transcripts and recordings of their interviews with him, Pearson decided to postpone ruling on the motion for 10 days to allow additional transcripts to be made available.
Pearson also postponed a ruling on the defense counsel's motion that sought to prohibit Jennifer Dunn, to who the defendant was married to at the time of the murder, from being called as a witness. Though marital privilege was cited as the reason for the motion, Pearson said there were exceptions and he would need more information regarding potential testimony by her before making a ruling.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley at the time of her death.

No link yet. Maybe the editor will have a look see at this pathetic excuse for journalism before the tripe goes online.

[lorettalockhorn]

Could this hurt the State's case against Dunn???

What part in The State's investigation did Robbins play? Were all investigators paid on the side? If Steffy was working for Robbins, what rights to access did he have?

[FDInLaw]

From the article, it appears that Robbins asked/paid Steffy to collect fingerprints and a dna sample from Dunn.

[lorettalockhorn]

I get that, but once again we have someone in the capacity of private citizen working on a murder case.

Although, I did see an interesting episode of Forensic Files the other night where a woman did just that to clear her hubby of her mother's murder and attack her niece. She eventually got the DNA of the killer but had to go to the state's attorney general to get the information submitted for a court trial.

Sorry, I digress. I guess what rankles me is that officer(s) in their official capacity weren't investigating this case. Why not?

[upallnight]

From the article, it appears that Robbins asked/paid Steffy to collect fingerprints and a dna sample from Dunn.
I wonder what the timeline was on the actual hand over of the c wrapper to be sent to the private lab, and the collection of the dna from Dunn. Who was it turned over to, the chain of custody. How long was it signed out so to say and when did it arrive to the private lab. To me this plays a major roll in the case against Dunn, custody and control of this item at all times. If Dunn killed Nona I sure would like to see him convicted. At the same time, the truth is what it is all about and I sure hope they have their p's and q's together and iron clad tight so to say if Dunn did kill Nona so the jury can see it and convict him. If they can not prove the chain of custody of that c wrapper was kept in control at all times, well, they may have a problem. IMO, If it is shown Robbins was so involved and certain things do not add up, they may have a problem getting a conviction. Then again, he may have done everything right and has the proof needed into the right hands. I do think he was behind much of the doings when it comes to the evidence findings against Gary Dunn. More than anything, I hope the outcome of this trial brings out the truth for Nona and her Mom. Maybe Justice will be served, that would be a prayer answered, but again, the truth is what is needed. I pray for Nona and Carol always. As this trial gets closer, I pray for the Jury that will be and that they listen, think, sort out and follow the evidence and all that is said and shown to come to a decision. I pray their decision is the correct one, it is all about Nona, sweet Nona that was taken away by someone, her life mattered! :rose: For Nona and Carol.

[hawgustusgloop]

This is all kinds of confusing. Do the marshals in Dover typically take DNA and fingerprints when a burglary is reported? Were the samples obtained just because Robbins asked Steffy to get them? As lorettalockhorn would say, help a girl out!

[FDInLaw]

This is all kinds of confusing. Do the marshals in Dover typically take DNA and fingerprints when a burglary is reported? Were the samples obtained just because Robbins asked Steffy to get them? As lorettalockhorn would say, help a girl out!One has to ask, if it was procedure, why didn’t Steffy collect the fingerprints and dna during his first visit? If it is, this might explain why the Arkansas state crime labs are so slow. Personally, I doubt it. It’s a lot of cash for the State to fork out on a regular basis for petty theft. MOO

[FDInLaw]

Arkansas State Crime Lab Director Kermit Channell explained the new law to area law enforcement Friday during a one-hour training seminar at the Washington County Sheriff's Office.

"I think it's important that you understand how we're doing this and why we're doing it," he told the group.

Suspects accused of committing certain violent crimes will be required to submit DNA samples when they are booked into jail.
The statewide law, dubbed Juli's Law, goes into effect July 31.

"We're expanding our system to include certain preconvictions. The existing law, from 2003, is only for individuals convicted of a felony."

Under the new law, DNA samples will be taken immediately from people when they are arrested and booked for capital murder, firstdegree murder, kidnapping, first-degree sexual assault and second-degree sexual assault. The evidence will be entered into a national database that law enforcement can use to check the accused suspects' criminal histories. . .
Channell said the first convicted offender law only collected DNA samples from violent offenders. In 2001, burglary was added to the list of offenses.

"Most violent offenders have some kind of criminal history," he said. "You don't just wake up one morning and say 'I'm going to be a serial rapist today.' Typically, violent offenders start out with smaller crimes, like burglaries. Then one day, a woman happens to be home, and the suspect decides to rape her. After that, it becomes a crime of convenience."

Arkansas started collecting DNA samples from all suspects convicted of a felony in 2003. An all-arrestee bill was introduced in 2007, but failed to pass following the introduction of Juli's Law,

"That's good because it would have thrown the crime lab under the bus," Channell said. "We would have been so overwhelmed that we wouldn't have had time to work on any other crimes. It also would have cost an extra $2.2 million a year."







http://www.nwanews.com/nwat/News/76781/

[lorettalockhorn]

This is all kinds of confusing. Do the marshals in Dover typically take DNA and fingerprints when a burglary is reported? Were the samples obtained just because Robbins asked Steffy to get them? As lorettalockhorn would say, help a girl out!

:seeya: Long time no!

I don't get the whole thing. Mommy2 posted a link a while back that cites the case whereby Dunn's DNA would have been on file, so why even bother to collect another sample? Why did Dunn pay Steffy if collecting the DNA was part of Steffy's investigation into the burglary? And mostly I'm curious as to how Robbins became suspicious of Dunn to begin with? Did her scout around and learn the occupants of the apartment complex among others and do background checks until he found the most likely candidate for violence? Did the complex manager give him a list of names? Did John Q. Public ring him up and tell him that "Oh by the way there's a guy living over here by Nona's who was charged with attempted murder; better check him out?" Did someone at RPD tell Robbins that Dunn was originally a suspect? Did Robbins collect DNA samples from others to check against the DNA from the condom wrapper?

[jeremiads]

I hope everything comes out about Robbins' involvement. I don't like the man for how the defense team acted during Kevin's trial or the games he tried to play with me on the phone before the first trial.

Everything still feels just so suspicious to me when no one is coming out with any details.

[SaraSidle]

Hearing Monday in Dirksmeyer case

Defense seeks to prohibit death penalty, change venue

A hearing on 10 motions filed April 9 in the case o a Dover man charged with capital murder in the 2005 slaying of Arkansas Tech University student Nona Dirksmeyer has been set for 1:30 p.m. Monday at the Pope County Courthouse.
One motion filed by attorneys Jeff Rosenzweig and William O. James Jr. on behalf of Gary Dunn, 29, who will face a jury trial Sept. 28 in connection with the Dec. 15, 2005, homicide, seeks to prohibit the state from seeking the death penalty against the defendant, which special prosecuting attorney Jack McQuary of Little Rock confirmed the state would do at a Feb. 17 pre-trial hearing.
The motion filed by the defense counsel indicated the specific provision with which Dunn is charged with capital murder is "unconstritutionally vague" because the phrase "premeditated and deliberated purpose of causing the death of another person" cannot be distinguished from the phrase "with a purpose of causing the death of another person," which is a provision of first-degree murder.
Another motion filed by the defense counsel to be discussed Monday seeks to exclude DNA evidence obtained from testing a condom wrapper - and its biological matter - found at the crime scene.
A motion giving the defense access to the evidence was granted in March by Circuit Judge William M. Pearson. The motion designated the testing as privileged, but if the defense chooses to rely on the results during the trial, it must notify the prosecuting attorney in advance, according to court documents.
Though the April motion requesting exclusion of the evidence indicated the testing is not complete, it stated Dunn will file a full motion for its exclusion once the results are available.
In addition, the defense filed a motion in April requesting a change of venue, which McQuary said at Feruary's hearing he would not oppose. The motion requested Dunn's trial be held in Johnson County or the Charleston District of Franklin County due to the publicity surrounding the case. A previous defendant, Kevin Jones, received a change of venue for similar reasons and was tried in Ozark in Franklin County.
Other motions to be discussed at Monday's hearing include a request to suppress statements Dunn made prior to his eventual arrest, as well as to exclude a woman he was married to at the time of the murder from testifying at the trial.
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley at the time of her death.

No link yet.

It is about time.............IMO sara

[lorettalockhorn]

It is about time.............IMO sara

Good to see you, stranger! :seeya:

Hope everyone weathered the storm(s) on Friday and is safe and sound and has air conditioning.

[TJEddie]

Did the defense ever offer a rationale for their motion to suppress all of Dunn's statements to LE prior to arrest? I wonder if their main objective was just to get their hands on transcripts. (IOW, info gathering, like McQuary hinted was their objective in moving to suppress the ex-wife's statements.) The defense team's approach in filing motions seems pretty scattershot to me, like they're still searching for a toe-hold to launch a defense. We have yet to hear their arguments for suppressing all of the DNA evidence......unless they come up with something substantial there, I'm wondering if this thing is headed toward a plea agreement.

[lorettalockhorn]

TJE, I don't think the defense's rationale has been voiced, or hasn't been reported if it was brought up during the hearings.

Maybe the objection is in that Dunn was duped into submitting his sample. We realize that it's perfectly legal for LE to trick suspects, but Steffy wasn't technically working on the burglary case if he was on Robbins' payroll when the request was made.

Honestly when Robbins first started braying about having matched the DNA, I thought that he had surreptitiously picked up a ciggie butt or something that Dunn had discarded, but the way I'm understanding the events is more insidious.

[TJEddie]

TJE, I don't think the defense's rationale has been voiced, or hasn't been reported if it was brought up during the hearings.

Maybe the objection is in that Dunn was duped into submitting his sample. We realize that it's perfectly legal for LE to trick suspects, but Steffy wasn't technically working on the burglary case if he was on Robbins' payroll when the request was made.

Honestly when Robbins first started braying about having matched the DNA, I thought that he had surreptitiously picked up a ciggie butt or something that Dunn had discarded, but the way I'm understanding the events is more insidious.

If the defense was just wanting to quibble over how the dna sample was taken, why include all statements made to LE, including those made back during the first investigation? It just seems to me that they're wanting to know everything Dunn has said that might come back to bite him.

As for Steffy's collection of the dna sample, it appears to me that Steffy was wearing two hats.....private investigator for Robbins and CID supervisor for the Dover marshal's office. The dna collection might have been sneaky, but I seriously doubt that it was illegal. Interestingly, the circumstances surrounding Dunn's dna sample were very similar to those of Curtis Vance.....both volunteered samples while ostensibly being questioned about burglaries.

I don't pretend to know the ins and outs of the legalities involved in evidence collection, but I'm certain that Robbins and McQuary do. Say what you will about Robbins, but he is an experienced defense attorney and he knows what will and will not fly in a courtroom. Also, McQuary gave Steffy a public shout-out in his press release announcing Dunn's arrest. If there were anything questionable about Steffy's actions, I don't think McQuary would have risked the case by keeping him involved.

And of course all of this is based on the assumption that Steffy's dna sample was used to make a match with Robbins' dna sample. Who knows.....maybe it's all a red herring. Maybe Dunn's ex-wife had something with Dunn's dna on it that was used to make the match. Or maybe it really was a discarded cigarette butt.

[lorettalockhorn]

I dunno lots about this type of investigation and hat wearing, but does Steffy have two heads or something?

Seriously, if an officer is on duty is it actually legal to be on someone else's clock? Or rather, if someone is doing private duty while in uniform are they giving 100% to their sworn duty?

It sounds like you know Robbins personally, and he may very well know his way around the courtroom and I've just not seen it, but he seems to me like a half-baked yahoo with an unseemly obsession for Kevin Jones and an inability to keep his yap shut, rather than merely an officer of the court driven to find justice for Nona.

And I still have to wonder why the need to pick up a butt, or gather a sample by any means utilizing the ex-wife or Steffy either one. Why not compare the DNA with the sample owned by the State of Arkansas?

No clue about the motion for exclusion of Dunn's statements. Can't remember, but I'll assume it was a separate motion and the logic hasn't been reported on. Maybe like Curtis Vance he'll claim undue duress by LE.

Don't have a good feeling about this case despite the fact that the DNA evidence should mean something other than causing questions about police methods. Didn't we have enough of that the first go-round?

[TJEddie]

We don't know that Steffy was working for Robbins while on duty or while in uniform. As I recall, Steffy said Robbins had asked him to look over the case and help out. To my knowledge, it's not unusual for LE officers to take on extra jobs in their off duty hours. The suspicion here seems to be that Steffy collected the dna sample for Robbins under the guise of working an official case. We'll have to wait and see what shakes out on that.

As for Robbins not using the state database for making a dna match.....since his was a private investigation, Robbins might not have had access to the state database. Or the match might have required more sophisticated testing than that available at the state lab. Or maybe after the state's performance in the first trial, he simply didn't trust them to do the job. Or maybe it really was that they didn't want to send up red flags that might have resulted in Dunn being tipped off before a case could be put together.

[lorettalockhorn]

We don't know that Steffy was working for Robbins while on duty or while in uniform. As I recall, Steffy said Robbins had asked him to look over the case and help out. To my knowledge, it's not unusual for LE officers to take on extra jobs in their off duty hours. The suspicion here seems to be that Steffy collected the dna sample for Robbins under the guise of working an official case. We'll have to wait and see what shakes out on that.

As for Robbins not using the state database for making a dna match.....since his was a private investigation, Robbins might not have had access to the state database. Or the match might have required more sophisticated testing than that available at the state lab. Or maybe after the state's performance in the first trial, he simply didn't trust them to do the job. Or maybe it really was that they didn't want to send up red flags that might have resulted in Dunn being tipped off before a case could be put together.

Well, there you are.

And he didn't want to send up red flags but was running his mouth? Rigghhhhhhtttttt.

[Mommyto2]

http://www.thegraphic.org/3mtm.html

Murder Trial Moved
To Johnson County



The murder trial of Gary Dunn, 29, of Dover, accused of the Dec. 15, 2005, slaying of Nona Dirksmeyer, will be moved to Johnson County Circuit Court. The change of venue was granted following a hearing before Circuit Judge Bill Pearson in Pope County Monday, June 8. The trial is set to begin Sept. 28.

Dunn was arrested and charged with the alleged murder of Dirksmeyer following an acquittal by a Franklin County jury of Kevin Jones who was first charged.

Pearson denied two motions filed by the defense in the Monday hearing to prevent the state from seeking the death penalty which Special Prosecutor David McQuary of Little Rock is seeking. One motion was to declare the charge of capital murder is unconstitutionally vague because the phrasing “premeditated and deliberated purpose of causing the death of another person” is difficult to distinguish from the phrase “with a purpose of causing the death of another person” which is a provision for first degree murder.

The second motion denied by Pearson was that the felony information used to charge Dunn did not meet the constitutional requirements for meeting the death penalty.

Pearson postponed rulings on two other motions submitted by the defense stating he required more information before making a ruling.

[The R]

I dunno lots about this type of investigation and hat wearing, but does Steffy have two heads or something?

Seriously, if an officer is on duty is it actually legal to be on someone else's clock? Or rather, if someone is doing private duty while in uniform are they giving 100% to their sworn duty?It sounds like you know Robbins personally, and he may very well know his way around the courtroom and I've just not seen it, but he seems to me like a half-baked yahoo with an unseemly obsession for Kevin Jones and an inability to keep his yap shut, rather than merely an officer of the court driven to find justice for Nona.

And I still have to wonder why the need to pick up a butt, or gather a sample by any means utilizing the ex-wife or Steffy either one. Why not compare the DNA with the sample owned by the State of Arkansas?
No clue about the motion for exclusion of Dunn's statements. Can't remember, but I'll assume it was a separate motion and the logic hasn't been reported on. Maybe like Curtis Vance he'll claim undue duress by LE.

Don't have a good feeling about this case despite the fact that the DNA evidence should mean something other than causing questions about police methods. Didn't we have enough of that the first go-round?

don't know as much as I need to here, but if an off duty officer is involved in obtaining DNA as an investigator for someone other than the state, I can see why the defense has a really LARGE problem with the evidence obtained. Of course I could be reading it wrong, it wouldn't be the first time.

:punch:

[lorettalockhorn]

I think the prosecution is going to have to lay out the course of their investigation very carefully, but once they do, maybe everything will become clear. And maybe the jury won't feel like there is the possibility that their own civil rights might be at risk if the actions of Robbins and Steffy are deemed licit and acceptable by the court. (Meaning what seems to have occurred at this point.)

But believe me when I tell you that I'm not the only person who thinks it's very possible that KJ watched Nona, suspected that there was a relationship between her and Dunn and planted that wrapper in plain view at the time of the murder or discovery. The type of Nona's DNA on the wrapper is important too.

We all want justice for Nona, but I have a lot of anguish that this new trial could be as poorly carried out as the first one.

[FDInLaw]

I think the prosecution is going to have to lay out the course of their investigation very carefully, but once they do, maybe everything will become clear. And maybe the jury won't feel like there is the possibility that their own civil rights might be at risk if the actions of Robbins and Steffy are deemed licit and acceptable by the court. (Meaning what seems to have occurred at this point.)

But believe me when I tell you that I'm not the only person who thinks it's very possible that KJ watched Nona, suspected that there was a relationship between her and Dunn and planted that wrapper in plain view at the time of the murder or discovery. The type of Nona's DNA on the wrapper is important too.

We all want justice for Nona, but I have a lot of anguish that this new trial could be as poorly carried out as the first one.IMO Nona’s dna on the wrapper is going to be key. . . it makes the "planted theory" seriously unlikely. Unless there was an intentional frame job, there was either a consensual relationship or Dunn is the murderer. From Dunn's own testimony, he did not know her.

The whole mess with Robbins and Steffy makes me nervous too. I just don’t see the jury viewing that in a good light. If Dunn is guilty, I pray they can see past the showboating lawyer.
MOO

:rose:

[hawgustusgloop]

My memory is a little foggy, but it seems like perhaps Robbins was also serving in some public capacity at the time as well. City attorney for Dover, maybe? Is that where the reported burglary occurred? Anybody know if this is even true or whether it matters in the scheme of Samplegate?

[FDInLaw]

My memory is a little foggy, but it seems like perhaps Robbins was also serving in some public capacity at the time as well. City attorney for Dover, maybe? Is that where the reported burglary occurred? Anybody know if this is even true or whether it matters in the scheme of Samplegate?
I believe Dunn's step-dad is the one that come up with missing stuff. . . IIRC he lives in Dover.

[lorettalockhorn]

IMO Nona’s dna on the wrapper is going to be key. . . it makes the "planted theory" seriously unlikely. Unless there was an intentional frame job, there was either a consensual relationship or Dunn is the murderer. From Dunn's own testimony, he did not know her.

The whole mess with Robbins and Steffy makes me nervous too. I just don’t see the jury viewing that in a good light. If Dunn is guilty, I pray they can see past the showboating lawyer.
MOO

:rose:

Well, that's exactly the buzz/supposition that I've heard, that Dunn was framed. And was somewhat surprised that it's been mentioned as often as it has. I thought I came up with that theory. Guess not!

Nona is very much on peoples' minds, and even though there seem to be parallels in the attack on the Bona Dea victim and Nona, people I've talked to don't think he did this crime.

[lorettalockhorn]

My memory is a little foggy, but it seems like perhaps Robbins was also serving in some public capacity at the time as well. City attorney for Dover, maybe? Is that where the reported burglary occurred? Anybody know if this is even true or whether it matters in the scheme of Samplegate?

This may help refresh your memory:

http://couriernews.com/archived_story.php?ID=19366&Search=gary%20dunn

Had totally forgotten this: ...“Pfeifer called me and said they wanted to talk to Gary and Jamie,” Martha said. “He said he didn’t want to get the information off the computer because it would run a red flag up with Gary’s parole officer.”...

According to this, Robbins is the city attorney:

http://local.arkansas.gov/local.php?agency=Dover

[lorettalockhorn]

I believe Dunn's step-dad is the one that come up with missing stuff. . . IIRC he lives in Dover.

I think around the time of Nona's murder, Dunn's mother lived right near the Bayou Cafe. Is she still married to Mr. Chenoweth? (I mean no disrespect, just don't know.)

[FDInLaw]

Well, that's exactly the buzz/supposition that I've heard, that Dunn was framed. And was somewhat surprised that it's been mentioned as often as it has. I thought I came up with that theory. Guess not!

Nona is very much on peoples' minds, and even though there seem to be parallels in the attack on the Bona Dea victim and Nona, people I've talked to don't think he did this crime.

Seriously, HOW could this have been done???? Where did Nona's dna come from? Did the lab KJ’s defense team hired keep a trace of Nona’s sample so that it could be planted???? (The sample would have to be in blood or saliva I’m guessing.) Come on. I don't trust Kevin or his lawyers, but this is verging on crazy. Kevin was acquitted. You would think that if Dunn were set up by Robbins that this “evidence” would have surfaced BEFORE Kevin's trial. Loretta, you are well read, can you sight a real life whodunit where a person was framed with similar tainted evidence? I’m not surprised that people are talking, but are there any reasonable notions as to HOW Dunn could have been framed???

If a perpetrator were to “plant” a condom wrapper, wouldn’t it have made more sense to dip the wrapper in Nona’s blood and leave it near the body? Just thinking out load. . . MOO

[FDInLaw]

Still thinking out loud. . . motive for planting evidence after trial. . . pending civil trial??? :shrug:

Personally, I don't believe the dna was planted. We'll see what the jury thinks in September.

After reading the Bona Dea account, I can't say that I feel bad that Dunn is in the pokey as we type. . .

[lorettalockhorn]

Seriously, HOW could this have been done???? Where did Nona's dna come from? Did the lab KJ’s defense team hired keep a trace of Nona’s sample so that it could be planted???? (The sample would have to be in blood or saliva I’m guessing.) Come on. I don't trust Kevin or his lawyers, but this is verging on crazy. Kevin was acquitted. You would think that if Dunn were set up by Robbins that this “evidence” would have surfaced BEFORE Kevin's trial. Loretta, you are well read, can you sight a real life whodunit where a person was framed with similar tainted evidence? I’m not surprised that people are talking, but are there any reasonable notions as to HOW Dunn could have been framed???

If a perpetrator were to “plant” a condom wrapper, wouldn’t it have made more sense to dip the wrapper in Nona’s blood and leave it near the body? Just thinking out load. . . MOO

Nona's DNA came from Nona. We don't know what type it is, but the killer/condom planter would have put the wrapper against Nona's body to contaminate the wrapper with blood or saliva etc. Dunn could have been framed by anyone who suspected that he had any type of relationship with Nona. Or if Nona and Dunn had an intimate relationship her DNA might have been on the wrapper before the murder.

Just don't think it's unreasonable or crazy for someone who may have had a double standard and may have been enraged that Nona had other friends or lovers to have committed this murder.

No clue as to how or when Robbins got fixated on Dunn. That's why I would want to hear the details of the investigation if I was a juror. For instance, did Robbins investigate all of Nona's neighbors, do a background check on each and zero in on Dunn because of his past conviction? Did RPD point him in the direction of Dunn? Did Robbins ask his Magic Eightball for suspects?

[FDInLaw]

Nona's DNA came from Nona. We don't know what type it is, but the killer/condom planter would have put the wrapper against Nona's body to contaminate the wrapper with blood or saliva etc. Dunn could have been framed by anyone who suspected that he had any type of relationship with Nona. Or if Nona and Dunn had an intimate relationship her DNA might have been on the wrapper before the murder.

Just don't think it's unreasonable or crazy for someone who may have had a double standard and may have been enraged that Nona had other friends or lovers to have committed this murder.

No clue as to how or when Robbins got fixated on Dunn. That's why I would want to hear the details of the investigation if I was a juror. For instance, did Robbins investigate all of Nona's neighbors, do a background check on each and zero in on Dunn because of his past conviction? Did RPD point him in the direction of Dunn? Did Robbins ask his Magic Eightball for suspects?
Okay, so you believe the wrapper could have been planted by the killer, who meticulously insured the presence of Nona’s dna, then placed it on the kitchen counter? The location still bothers me. I see that argument to an extent, more so than the defense (or an agent of the defense) planting the dna at a later time.

I still believe the Dunn has some explaining to do.

[lorettalockhorn]

Okay, so you believe the wrapper could have been planted by the killer, who meticulously insured the presence of Nona’s dna, then placed it on the kitchen counter? The location still bothers me. I see that argument to an extent, more so than the defense (or an agent of the defense) planting the dna at a later time.

I still believe the Dunn has some explaining to do.

Yeah, I'm particularly interested in whatever it is that the defense doesn't want Dunn's ex-wife to testify to (if it's something specific and not just on general principle).

I suppose the killer might have placed the condom wrapper on the kitchen counter for fear that the cops might overlook it. The idea's not any crazier or more unrealistic than having had sex in the kitchen or putting the condom on in the kitchen before having sex.

[upallnight]

don't know as much as I need to here, but if an off duty officer is involved in obtaining DNA as an investigator for someone other than the state, I can see why the defense has a really LARGE problem with the evidence obtained. Of course I could be reading it wrong, it wouldn't be the first time.

:punch:

Oh, first of all L, what a storm that was. I sure thought we was going to fly away. Trees and limbs down everywhere. As I prayed I got a sense of calmness, then it was over. Man was it hot outside, thank God for generators and 5th wheels. We are sort of pack rats so to say-we seem to keep everything we have room (and no room:D) to keep. Funny how I say I just need to throw some things away and then the time comes I am so thankful I did not because they sure came in handy for us and so many others just trying to keep our food from spoiling and the elderly/very young from this extreme heat. So thankful for God's blessings and no injuries or deaths.
R-I agree, reverse the persons on trial, if it was KJ on trial this time around what would Robbins do if the dover marshal had obtained DNA on KJ and that marshal was also working for the defense of the first person that was tried and aquitted? Just saying-Robbins now is the defense attorney for KJ after if reversed-Dunn was tried and aquitted. First I think he would try to have the c-wrapper thrown out. How, maybe argue the fact in how it was obtained. Is there a conflict of interest? I am sure Robbins knows that when a sample is obtained the donor must see that sample sealed to the point if it is tampered with it will be known at the lab it is being shipped to. If tampered with the lab will (should) invalidate it for testing due to seal broken, or deem not valid for testing for what ever reason they see it has been tampered with and put it in writting also. If that is not the case then why not have the defendant argue the fact he/she did not wittness the sample sealed therefore it was not controled and the dna could have been placed on anything, even a condom wrapper. If the condom wrapper was in the hands of Robbins or someone that could handle that wrapper without question, could any ones dna be put on it? Hopefully the wrapper stayed sealed from one point to the other points and was tamper proof. Any test can be tampered with and no one would ever know unless the results are contested, then comes into play the question of control and custody. Also, did the donor iniital the sample and date it. Does the broken seal on the sample have the valid initial of the donor and does the tear/breaks in the seal match up? Did the administrator of the test explain to the donor to watch as the sample was being sealed and to then initial the sample, or did the donor initial the seal(s) and wittness the seal(s) being put on the sample by the administrator of the test and was allowed to insure the sample to be tamper resistant? I just don't get it. If they already had Dunn's DNA, why did they need it again? In my eyes, paying the marshal to help out would be like paying a private lab tech to help out. State Lab found nothing of the sort like the private lab found. I hate to say it but in my eyes, If Robbins paid the marshal to help out, it does not look good. You can bet you sweet butt Robbins would argue the finding of the private lab if it was reversed and I would not blame him. The point is, if that wrapper is all they have-a good defense attorney may very well be able to argue his way to another not guilty verdict. Who else did Robbins pay if anyone? That question would weigh heavy on my mind, some people do have a price for their services, or for services under the table so to say. I wish they could put that wrapper under a microscope to prove there is or is not more on it than there was at the time it was at the state crime lab. Patterns of smears or something. Compare it somehow. I sure don't know how to prove it was there all the time but I hope they have more if Gary killed Nona. They might need it. I do know this private lab has found dna not found on another case and it may very well have been justice served. I guess at this point I am sort of confused and have many, many questions. I hope and pray the trial will sort it all out. I pray for Justice For Nona. I just hope there was not to many hands in the kitty so to say to hurt the trial, that is if Gary killed Nona. There seems to be alot of confidence, I hope there is alot of hard core evidence to go with it. :confused::seeya: