View Full Version : Gary Dunn
FDInLaw
08-23-2008, 11:55 AM
This thread is for analysis and discussion of the State's case against Gary Dunn. Please, let's keep it productive. . . try to keep any "but Kevin" arguments on the main thread. Focus on Gary Dunn here.
Thanks! :seeya:
hawgustusgloop
08-23-2008, 12:00 PM
This thread is for analysis and discussion of the State's case against Gary Dunn. Please, let's keep it productive. . . try to keep any "but Kevin" arguments on the main thread. Focus on Gary Dunn here.
Thanks! :seeya:
OK IF Dunn is the killer, boy did this guy slip through the cracks! Was he required to register as a sex offender? The crime he was convicted of sounds brutal (like Nona's murder), but did it fit the parameters of a sex crime? If not, there is a major hole in that system. I can't imagine how the victim of that crime felt when he was released.
lorettalockhorn
08-23-2008, 12:01 PM
http://nwarktimes.com/adg/News/235043/
http://www.fox16.com/news/local/stor...1-17fe309c9141
http://www.pbcommercial.com/articles.../d92nlr7g1.txt
http://www.todaysthv.com/news/addons..._statement.pdf
http://couriernews.com/archived_stor...ch=gary%20dunn
http://criminalsearches.com/details....%3d&input=name
http://oascentral.hosted.ap.org/Real...541414179316f?
http://couriernews.com/story.php?ID=19247
http://arkansasmatters.com/content/f...ws/?cid=103271
http://hosted.ap.org/dynamic/stories...MPLATE=DEFAULT.
jeremiads
08-23-2008, 12:02 PM
OK IF Dunn is the killer, boy did this guy slip through the cracks! Was he required to register as a sex offender? The crime he was convicted of sounds brutal (like Nona's murder), but did it fit the parameters of a sex crime? If not, there is a major hole in that system. I can't imagine how the victim of that crime felt when he was released.From what I saw, he was charged with battery. If any sort of sexual assault was involved, you figure they would have jumped to change that charge.
lorettalockhorn
08-23-2008, 12:04 PM
OK IF Dunn is the killer, boy did this guy slip through the cracks! Was he required to register as a sex offender? The crime he was convicted of sounds brutal (like Nona's murder), but did it fit the parameters of a sex crime? If not, there is a major hole in that system. I can't imagine how the victim of that crime felt when he was released.
He's not in the AR registry as a sex offender. Guess there wasn't enough evidence that the attack was an attempted rape maybe?
loulou58
08-23-2008, 12:05 PM
Has anyone heard where this guy went to school. There was a Gary Dunn that went to the school I attended. And the age fits. If this is him, he is local for a long time.
FDInLaw
08-23-2008, 12:37 PM
IfIwereU posted this on the other thread. . .
http://www.fox16.com/news/local/story.aspx?content_id=2ab21297-ab82-4061-bb91-17fe309c9141
Picture of Gary Dunn and interview with Martha Dunn.
lorettalockhorn
08-23-2008, 12:46 PM
IfIwereU posted this on the other thread. . .
http://www.fox16.com/news/local/story.aspx?content_id=2ab21297-ab82-4061-bb91-17fe309c9141
Picture of Gary Dunn and interview with Martha Dunn.
The reporter states than a condom was found, rather than a wrapper.
jeremiads
08-23-2008, 01:07 PM
The reporter states than a condom was found, rather than a wrapper.arkansas journalism is hard
FDInLaw
08-23-2008, 01:15 PM
" She explained Dunn then hit her with a wooden stick that she described as 2 to 2 1/2 feet long and 5 inches in diameter. The blow knocked her to the ground, she stated; then Dunn got on top of her and began hitting her on the right side of her head several times. "
http://couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
"This is from the FBI on disorganized killers.
The crime scene of a disorganized killer is often described as
reflecting an overall sense of disorder and suggest little if any
preplanning of the murder. The disarray present at the crime scene may
include evidence such as hair, blood, semen and the murder weapon. There
is minimal use of restraints because the victim is usually rendered
unconscious moments after encountering the disorganized offender. The
body is often displayed in open view, usually left where the
confrontation took place, and is often subjected to extraordinary
mutilation. The disorganized offender is often times still living with
parents or guardians, below average in intelligence. The killer is
usually unemployed or unskilled, does not own a car, and kills near his
home." (Sent to me by a friend)
Back before Kevin's arrest, Glenn Owen did a profile for Nona's case and suggested that a disorganized killer was responsible. Food for thought.
FDInLaw
08-23-2008, 01:19 PM
From what I saw, he was charged with battery. If any sort of sexual assault was involved, you figure they would have jumped to change that charge.
A need to control/ internal rage is often the motive behind sex crimes is it not??? The incident at Bona Dea may have been defused before GD had a chance at sexual assault. MOO
lorettalockhorn
08-23-2008, 01:19 PM
Does anyone know what Dunn used to cut the Bona Dea victim?
lorettalockhorn
08-23-2008, 01:22 PM
A need to control/ internal rage is often the motive behind sex crimes is it not??? The incident at Bona Dea may have been defused before GD had a chance at sexual assault. MOO
Absolutely. One thing I've never understood is why Nona wasn't raped, if that was the intention of her attacker.
hawgustusgloop
08-23-2008, 01:22 PM
The reporter states than a condom was found, rather than a wrapper.
That reporter was something else! I think 'condom' versus 'condom wrapper' makes a HUGE difference. I am already wondering if there will be a change of venue this time.
hawgustusgloop
08-23-2008, 01:25 PM
Has anyone heard where this guy went to school. There was a Gary Dunn that went to the school I attended. And the age fits. If this is him, he is local for a long time.
If you click the Fox16 link FD and IfIWereU posted and go to the slideshow, there is a picture of him. I think KFSM has one too. Maybe you could see if he looks familiar?
lorettalockhorn
08-23-2008, 01:38 PM
That reporter was something else! I think 'condom' versus 'condom wrapper' makes a HUGE difference. I am already wondering if there will be a change of venue this time.
Considering that so many people are posting that Kevin is owed a huge apology and/or monetary apology by LE and Tech and no telling who all else, it sounds like this guy has been convicted already; where would be a neutral place to hold the trial? Franklin County again?
loulou58
08-23-2008, 02:05 PM
If you click the Fox16 link FD and IfIWereU posted and go to the slideshow, there is a picture of him. I think KFSM has one too. Maybe you could see if he looks familiar?
99.9% sure it is :(
FDInLaw
08-23-2008, 02:11 PM
99.9% sure it is :(Huggers! :(
Is there anything you remember about him or his family that you can tell us???
lorettalockhorn
08-23-2008, 03:41 PM
http://www.couriernews.com/story.php?ID=19254
FDInLaw
08-23-2008, 03:56 PM
http://www.couriernews.com/story.php?ID=19254 New arrest in Dirksmeyer case
Story date: Aug. 23, 2008
Special prosecutor says suspect charged with capital murder in 2005 homicide
By Mary Kincy Benefield/
Managing Editor
Arkansas State Police arrested a suspect late Friday afternoon in the 2005 death of Arkansas Tech University student Nona Dirksmeyer, little more than a year after her boyfriend, Kevin Jones, was acquitted of the murder.
Special prosecutor Jack McQuary said in a release Gary W. Dunn of Dover was charged with capital murder in the homicide. He declined to provide further details, citing limitations imposed by ethics rules.
Multiple law enforcement sources said Dunn, 28, lived in the same South Inglewood Avenue apartment complex where Dirksmeyer lived at the time of her death. Robert White of Bigelow, who identified himself to The Associated Press as Dunn’s uncle, confirmed Dunn lived at the complex, but said he did not know if the pair lived there at the same time.
Dirksmeyer, 19, was found dead in her apartment Dec. 15, 2005, by Jones; Jones’ mother, Janice Jones; and Ryan Whiteside. Jones later told police he asked Whiteside, a pizza deliveryman, to check on Dirksmeyer after he was unable to reach her and became concerned about her welfare.
Dunn was convicted of second-degree battery in 2003 and sentenced to six years in prison after he assaulted a 24-year-old woman at a park in Russellville in 2002. State sentencing guidelines allowed for his release as early as 2004 or 2005, including time off for meritorious good behavior.
According to an April 22, 2003, Courier article by Sean Ingram, the victim told investigators Dunn attacked her after she jogged past a bench upon which he was sitting at Bona Dea Trails, striking her repeatedly in the head with a stick.
State medical examiner Charles Kokes testified in July 2007 at Jones’ trial Dirksmeyer died as a result of a depressed skull fracture on the back of her head investigators determined was inflicted when she was struck with the base of a floor lamp found inside her apartment the night of her death.
He described the amount of force needed to cause an injury of that severity to the lower back of the skull — the thickest, most resilient part of the head — “tremendous.”
Kokes told the jury he found no evidence of forcible rape.
Bill Bristow of Jonesboro, one of three attorneys who represented Jones, declined comment when asked whether he believed Dunn’s arrest was related to DNA the defense team announced in February it matched to DNA discovered on a condom wrapper found in Dirksmeyer’s apartment the night of her death.
“I’ve just taken the position ever since the special prosecutor was appointed that any comments needed to come through the special prosecutor,” Bristow said.
But Michael Robbins of Dover, another of Jones’ attorneys, told the AP the defense team was aware of Dunn’s connection to Dirksmeyer, but only recently obtained a DNA sample from Dunn.
Robbins declined to specify how the defense team obtained Dunn’s DNA, but acknowledged investigators gathered some samples from uncooperative suspects without their knowledge, the AP reported.
McQuary did not immediately return an after-hours call to his office Friday.
Dirksmeyer’s brother, Duke Dirksmeyer, said when contacted late Friday the family would wait to comment on the arrest until further details were released, but praised the continued efforts of investigators in the case. . .
See link for complete article
FDInLaw
08-23-2008, 04:02 PM
Dirksmeyer neighbor charged in her killing
Acquitted boyfriend ‘happy for Nona’
By Debra Hale-Shelton
Saturday, August 23, 2008
LITTLE ROCK — More than two years after Arkansas Tech University student Nona Dirksmeyer was slain in her Russellville apartment and a year after her boyfriend was acquitted of killing her, a special prosecutor on Friday charged another man in the case.
Gary Dunn of Dover was arrested by the Arkansas State Police and charged with capital murder, according to a statement from the special prosecutor, Jack McQuary. Dunn, who will turn 29 on Tuesday, was arrested without incident in Conway County.
“I’m just going to say that I’m happy for Nona, that the person who did this to her is finally going to be brought to justice,” her boyfriend, Kevin Jones of Dover, who was acquitted in her killing in July 2007, said in a brief telephone interview.
McQuary declined to give any specifics on the case, such as whether Dunn and Dirksmeyer, 19, knew each other.
But one of Jones’ attorneys, Michael Robbins of Russellville, said in a telephone interview that Dunn, a construction worker, and Dirksmeyer were not romantically involved.
Robbins said Dunn lived inthe same small apartment complex as Dirksmeyer at the time of the crime. “I don’t think they knew each other personally,” he said.
Robbins said Jones, now 22, also did not know Dunn.
The Pope County sheriff’s office said Dunn was taken to the county jail at 5 p.m. Friday and would be held without bond until he has a hearing, at the earliest Monday. . .
Read complete article for more of the Jones family's reaction.
http://www2.arkansasonline.com/news/2008/aug/23/dirksmeyer-neighbor-charged-her-killing-20080823/?print
lorettalockhorn
08-23-2008, 04:25 PM
That's this morning's Gazette article. Usually enjoy reading DHS's pieces, but what's up with the third paragraph being about Kevin's reaction?
ifIwereU
08-23-2008, 07:21 PM
Kokes told the jury he found no evidence of forcible rape.
I wanted to point out the key word in Dr. Kokes' testimony.....
FDInLaw
08-23-2008, 07:26 PM
Kokes told the jury he found no evidence of forcible rape.
I wanted to point out the key word in Dr. Kokes' testimony.....So, does that mean that there was evidence of sexual intercourse???
lorettalockhorn
08-23-2008, 07:30 PM
Hey U! The Courier summaries were pretty short; was there further questioning regarding intercourse? If memory serves, wasn't there testimony about her recently having had intercourse with Kevin? Was there any testimony about evidence of a condom? (I think there is some discussion in the main thread about whether or not a condom leaves traces of latex, spermicide, etc.)
jeremiads
08-23-2008, 07:34 PM
Kokes told the jury he found no evidence of forcible rape.
I wanted to point out the key word in Dr. Kokes' testimony.....Even if this is supposed to imply that any sort of intercourse was found, I'm having a hard time drawing a connection between this and murder, just like I felt about the condom wrapper during Kevin's trial.
ifIwereU
08-23-2008, 07:44 PM
Hey U! The Courier summaries were pretty short; was there further questioning regarding intercourse? If memory serves, wasn't there testimony about her recently having had intercourse with Kevin? Was there any testimony about evidence of a condom? (I think there is some discussion in the main thread about whether or not a condom leaves traces of latex, spermicide, etc.)
IIRC, sperm was found that was determined be KJ's....I think in KJ'S interview, he stated they had sex on Monday night prior to the murder. I don't remember any other testimony about recent intercourse.
as far as condom testimony...I think Det Frost indicated they had searched for a condom throughout the apartment and had even removed the toilets to look for one in the traps....but were unsuccessful in finding one.
ifIwereU
08-23-2008, 07:50 PM
Even if this is supposed to imply that any sort of intercourse was found, I'm having a hard time drawing a connection between this and murder, just like I felt about the condom wrapper during Kevin's trial.
I'm not implying anything....I am simply pointing out the possibility that rape can occur without having outward signs of trauma....forced-consensual rape...where an offender might hold a knife or gun and render the victim motionless while the sexual act is performed....
I am giving insight and not trying to imply anything. I am just trying to add to the discussion that might show GD as the killer and that the motive was sexual....
lorettalockhorn
08-23-2008, 08:00 PM
IIRC, sperm was found that was determined be KJ's....I think in KJ'S interview, he stated they had sex on Monday night prior to the murder. I don't remember any other testimony about recent intercourse.
as far as condom testimony...I think Det Frost indicated they had searched for a condom throughout the apartment and had even removed the toilets to look for one in the traps....but were unsuccessful in finding one.
Thanks U, but that's not what I meant. I was wondering if the use of a condom leaves behind any trace evidence in the vagina; like traces of latex, or spermicide, etc.
ifIwereU
08-23-2008, 11:10 PM
Thanks U, but that's not what I meant. I was wondering if the use of a condom leaves behind any trace evidence in the vagina; like traces of latex, or spermicide, etc.
I dont' recall any testimony relating to that
loulou58
08-24-2008, 02:23 AM
http://arkansasmatters.com/content/fulltext/news/?cid=103421
Found this on local news.
sololobo
08-24-2008, 05:06 AM
Thanks U, but that's not what I meant. I was wondering if the use of a condom leaves behind any trace evidence in the vagina; like traces of latex, or spermicide, etc.
It is possible the killer is a very sick, deranged person. The killer may not have been interested in actual rape. He may have been fulfilling a perverted sexual fantasy involving sadistic acts. He may have masturbated into the condom while committing these acts and/or afterwards intending not to leave any DNA at the scene... not realizing he did leave some on the wrapper. We don't know how long he may have been in the apt. There may have been multiple condoms used and only one wrapper inadvertantly left behind.
If this is the case, it may explain the capital murder charge.
lorettalockhorn
08-24-2008, 10:01 AM
http://arkansasmatters.com/content/fulltext/news/?cid=103421
Found this on local news.
This is interesting:
"Under capital murder, there's a specific subsection on that, that says something to the effect of premeditation, a person that wants to kill a person and he kills a person,” McQuary said. Based upon the case it fits the case."
So there was some kind of threat or murderous ideation, but he used a weapon of opportunity to actually kill her.
jeremiads
08-24-2008, 06:12 PM
It is possible the killer is a very sick, deranged person. The killer may not have been interested in actual rape. He may have been fulfilling a perverted sexual fantasy involving sadistic acts. He may have masturbated into the condom while committing these acts and/or afterwards intending not to leave any DNA at the scene... not realizing he did leave some on the wrapper. We don't know how long he may have been in the apt. There may have been multiple condoms used and only one wrapper inadvertantly left behind.
If this is the case, it may explain the capital murder charge.Maybe it's just me, but I think we should wait until there are actual dots to connect when we learn more about the evidence, instead of drawing some ridiculous fantasy over one dot in the middle of a page.
tease
08-25-2008, 12:41 AM
LOULOU-------You said you think you went to school with the guy. Where and when? Were you talking about HS? Did he ever go by the nick name "Chad" by any chance? Does he have any family from Clarksville?
loulou58
08-25-2008, 01:25 AM
LOULOU-------You said you think you went to school with the guy. Where and when? Were you talking about HS? Did he ever go by the nick name "Chad" by any chance? Does he have any family from Clarksville?
No, if it is the same guy he went to Dardanelle. I don't know much about him really. I knew his older brother a little more. They were both in the ROTC program, made decent grades....just average kids. Did not get into trouble in school. I have not seen either of them since school, really I had no idea they were even around.
sololobo
08-25-2008, 05:11 AM
Maybe it's just me, but I think we should wait until there are actual dots to connect when we learn more about the evidence, instead of drawing some ridiculous fantasy over one dot in the middle of a page.
""Under capital murder, there's a specific subsection on that, that says something to the effect of premeditation, a person that wants to kill a person and he kills a person,” McQuary said. Based upon the case it fits the case."
The charge against Dunn for the Bona Dea crime was attempted murder. He was convicted of a lesser charge of assault. Dunn told the victim he was going to kill her and apparently tried to. What was his motive to kill a complete stranger? What would his motive be to kill Nona if he is the killer? It is possible a perverted sexual fantasy is involved. If so, it could explain the capital murder charge.
FDInLaw
08-25-2008, 12:38 PM
A judge ruled today that Dunn, 28, has a one million dollar cash bond. His next appearance will be before a circuit judge on september 22 at 9am
http://www.fox16.com/news/local/story.aspx?content_id=d9d71739-5322-494e-9129-600f9025db35&rss=315
See page for slideshow
FDInLaw
08-25-2008, 01:34 PM
Is it likely that Dunn will sit in jail until trial??? :shrug:
loulou58
08-26-2008, 12:03 AM
I do not think there is a chance he will get out on bond. I believe it is a cash only bond.
sololobo
08-26-2008, 06:13 AM
If Dunn is the killer, he had two problems after leaving Nona's apartment and returning to his own. He would have been almost certain he would be suspected and his apartment searched. He needed a good alibi and he needed to dispose of the stick, battery, bloody clothes, condom and possibly some kind of knife. According to reports, his mother provided the alibi and her storage shed searched......I wonder if anything was found?
FDInLaw
08-26-2008, 07:54 AM
I do not think there is a chance he will get out on bond. I believe it is a cash only bond.On top of that, I've heard that he would only get 90% back! :eek: I think you are right, he is gonna be sitting in jail for some time. I've got to say, that after reading the Bona Dea article, I'm really not feeling for him. The area is safer with him where he is at IMO.
FDInLaw
08-26-2008, 07:57 AM
If Dunn is the killer, he had two problems after leaving Nona's apartment and returning to his own. He would have been almost certain he would be suspected and his apartment searched. He needed a good alibi and he needed to dispose of the stick, battery, bloody clothes, condom and possibly some kind of knife. According to reports, his mother provided the alibi and her storage shed searched......I wonder if anything was found? I wonder if any information about his alibi will be released before trial??? His Mother was on the news this morning here, and stated that she had just completed chemo and was not in good condition to give an interview when she made her statements to the police.
jeremiads
08-26-2008, 08:00 AM
On top of that, I've heard that he would only get 90% back! :eek: I think you are right, he is gonna be sitting in jail for some time. I've got to say, that after reading the Bona Dea article, I'm really not feeling for him. The area is safer with him where he is at IMO.This is pretty much exactly why I think we'll hear more about his character than any actual evidence.
Not that I'm trying to defend the guy, but taking a step back to look at what's going on from a strategy perspective of the prosecution's side... yeah. I'm afraid this is going to be highly secretive again but they won't have any troubles painting him as an awful person, which granted, he does sound like a complete asshat.
jeremiads
08-26-2008, 08:04 AM
Also, the fact-less PR continues.
http://www.nwanews.com/adg/News/235428/
McQuary says Kevin was rightly cleared and innocent, and this article looks like more of the gigantic seesaw of PR between Kevin's people and every other bit of things that have been public since the trial ended.
Sigh.
FDInLaw
08-26-2008, 11:49 AM
"A $1 million bond is keeping the man accused of killing Arkansas Tech student Nona Dirksmeyer in jail right now. A Pope County judge held a bond hearing for Gary Dunn, 28, on a capital murder charge this morning. Dunn didn't say much in court but his family did. . .
"I know in my heart my son didn't do this and I stand behind him 100%," his mother Martha Dunn says.
The hearing was short, just to determine whether Dunn should be let out of jail on bond.
"Whether or not you are innocent or guilty will be decided once you get to circuit court," Pope County District Judge Don Bourne said. "Anything else you want to say or add before I set your bond Mr. Dunn?"
Dunn said nothing. The judge set his bond at $1,000,000.
Special Prosecutor Jack McQuary is believed to have DNA evidence linking Dunn to the crime scene where Dirksmeyer was killed. An arrest affidavit says a condom wrapper found near Dirksmeyer’s body had DNA from both her and Dunn. And it has been revealed nearly three years after the killing that Dunn lived in the same apartment complex as Dirksmeyer at the time of the killing.
None of those facts that seem to implicate his stepson change the feelings of Preston Chenoweth.
"It doesn't worry me because in my opinion if they had it they would have used it before,” Chenoweth says.
Chenoweth says his stepson is a quiet man and a good worker who assisted him on construction projects around the area. He says the last time he spoke to him was a few days before his arrest. Chenoweth says Dunn was optomistic about finding more consistent work, but explained few employers would hire him with a felony on his record.
Dunn has that felony conviction from a 2003 second degree battery assault on a female jogger at a Russellville park. He was sentenced to six years in prison and served two. He was on parole at the time Dirksmeyer was killed in 2005.
"I've never in the 53 years that I've been alive seen my son lay a hand on any woman," Dunn says.
She says now Russellville Police and the special prosecutor in the case are victimizing another family in their search for Nona's killer.
"I feel sorry for Kevin (Jones) for what he had to go through and I feel sorry for Nona's parents for what they are still going through,” Dunn says. “They need closure, they need answers. But my son didn't do this."
And his family says if it goes to trial they want it moved out of Pope County. The next court appearance for Gary Dunn is September 22nd at 9am. His family says most likely a public defender will handle his case unless a defense attorney wants to take it pro bono. "
http://www.fox16.com/news/local/story.aspx?content_id=d9d71739-5322-494e-9129-600f9025db35&rss=315
(See link for complete article)
FDInLaw
08-26-2008, 02:36 PM
$1M bond in Dirksmeyer arrest
Story date: Aug. 26, 2008
Affidavit: Evidence indicates possible sexual assault
By Adam Franks and Mary Kincy Benefield
crime@couriernews.com; managingeditor@couriernews.com
A judge ordered the man now suspected in the 2005 murder of Arkansas Tech University student Nona Dirksmeyer held on a $1 million cash-only bond during a hearing Monday morning.
Gary W. Dunn, who turned 29 today, was arrested Friday near Center Ridge in Conway County and faces charges of capital murder — and a potential death penalty — in connection with the December 15, 2005, bludgeoning death of Dirksmeyer, a 19-year-old Arkansas Tech University student at the time of her murder.
Kevin N. Jones of Dover, Dirksmeyer’s boyfriend and the first man charged in the death, was acquitted by a Franklin County jury July 19, 2007.
In an affidavit, Arkansas State Police Special Agent Stacie Rhoads said for the first time evidence at the crime scene indicated a possible sexual assault — a charge prosecutors previously denied — and said a condom wrapper found near Dirksmeyer’s body indicated “a mixture” of DNA matched to Dirksmeyer and Dunn.
At Jones’ trial, Kevin Noppinger, a lab director from DNA Labs International, a private consulting firm, testified he analyzed the condom wrapper in December 2006 at the defense team’s request.
Noppinger testified he found Y-chromosome DNA evidence on the condom wrapper, which Terry Rolfe, chief resident DNA expert with the Arkansas State Crime Lab, testified earlier in the trial would “point to a lineage rather than a particular person.”
She said such evidence could be used to exclude certain suspected donors, assuming they did not share an ancestry with the donor of the DNA.
Since Dunn’s arrest, Special Prosecutor Jack McQuary, appointed at the request of 5th Judicial District Prosecutor David Gibbons, who charged Jones in the crime, has remained silent on how investigators obtained DNA evidence linking Dunn to the murder.
In February, 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 affidavit presented at Monday’s hearing also suggested Dunn may have been at the South Inglewood Avenue apartment complex where both he and Dirksmeyer lived around the time of the slaying.
“[Dunn] provided differing accounts of his actions on the day Nona was murdered,” the affidavit noted. “Dunn also puts himself at the apartment complex during the time Nona was murdered. Information initially provided by Dunn as to his whereabouts have been determined to be untrue.”
During the hearing, Rhoads said Dunn provided misleading addresses to parole supervisors in Pope County, had lived at as many as four residences in the area and was labeled by his family as untrustworthy.
“He has the propensity to lie and he doesn’t work,” Rhoads said.
A Pope County jury in 2003 found Dunn, a convicted felon several times over, guilty of second-degree battery and sentenced him to six years in the Arkansas Department of Correction after he attacked a 24-year-old woman at Bona Dea Trails in Russellville, repeatedly striking her about the head with a stick. The jury declined an option to convict Dunn of attempted murder in the case, according to an April 22, 2003, Courier article by Sean Ingram.
Dunn served about two years of the sentence, and was out on parole at the time of Dirksmeyer’s murder, Rhoads said.
He is next scheduled to appear in court Sept. 22.
Background. . .
http://www.couriernews.com/story.php?ID=19273
(See link for complete article)
FDInLaw
08-26-2008, 02:50 PM
http://www.dnalabsinternational.com/technology.html
lorettalockhorn
08-26-2008, 02:57 PM
Also, the fact-less PR continues.
http://www.nwanews.com/adg/News/235428/
McQuary says Kevin was rightly cleared and innocent, and this article looks like more of the gigantic seesaw of PR between Kevin's people and every other bit of things that have been public since the trial ended.
Sigh.
Reading this article makes it sound like Gibbons didn't know anything about Dunn. Which is bad. But it also makes it sound like maybe he wasn't really communicating with LE to find out who was a suspect and how they were ruled out. Which is worse. And that the judge wasn't given all the information before an indictment was reached. Which is worse still.
Or am I reading wrong??
FDInLaw
08-26-2008, 03:01 PM
Reading this article makes it sound like Gibbons didn't know anything about Dunn. Which is bad. But it also makes it sound like maybe he wasn't really communicating with LE to find out who was a suspect and how they were ruled out. Which is worse. And that the judge wasn't given all the information before an indictment was reached. Which is worse still.
Or am I reading wrong??
It sure reads like the new PA is putting all the blame on the RPD. JMO
lorettalockhorn
08-26-2008, 03:05 PM
Sounds like he's trying to to me. But it also sounds like Gibbons just went along with whatever they told him without any questioning or dialog. I feel sick.
lorettalockhorn
08-26-2008, 05:35 PM
Is it unusual for someone charged with capital murder to not have legal representation at his hearing?
FDInLaw
08-26-2008, 05:47 PM
Sounds like he's trying to to me. But it also sounds like Gibbons just went along with whatever they told him without any questioning or dialog. I feel sick.
Well, Gibbons knew something. . . he was the PA for the Bona Dea trial, and Dunn was one of the original suspects in Nona's case complete with polygraph.
As I see it, there were two main factors that derailed the original investigation (if in fact Dunn is guilty). An inexperienced PD and Kevin. Don't get me wrong, no family should have to go through what the Jones family has. But, to date, there is no evidence that KJ was prosecuted maliciously. Kevin, by his own actions, is partly responsible for what happened. It's not strange for boys his age to be a little (if not a lot) narcissistic. . . to seek attention and even lie to get it. But, even York and Huckabay had the sense to have a lawyer present. From all accounts, the others took their interviews very seriously as well. Lying while you sit in a police station being asked about a murder is just beyond dumb. Flying around contaminating the crime scene is another example. . . Ugh. (Get me off this topic.)
At any rate, Kevin made it easy for Dunn to escape detection and it looks like the RPD might have done a sloppy job checking out the other suspects. A sad situation, and a long drawn out painful ordeal for many.
I wonder how much Frost will be on the stand this next trial? Me thinks KJ and Frost will be spending a lot of time together in the witness waiting room.
lorettalockhorn
08-26-2008, 06:15 PM
Well, of course Gibbons has to have some idea of whom Dunn is. But McQuary's statement made it sound (to me anyway) that RPD withheld information from him.
And great post; ITA about how Kevin's actions and statements played a big part in his indictment (but he's matured since then), and I don't believe for a minute that there was any malicious intent involved. (Not yet, anyway.)
Um maybe there will be two witness rooms.
FDInLaw
08-27-2008, 09:40 AM
Special Prosecutor Jack McQuary is believed to have DNA evidence linking Dunn to the crime scene where Dirksmeyer was killed. An arrest affidavit says a condom wrapper found near Dirksmeyer’s body had DNA from both her and Dunn. And it has been revealed nearly three years after the killing that Dunn lived in the same apartment complex as Dirksmeyer at the time of the killing.
None of those facts that seem to implicate his stepson change the feelings of Preston Chenoweth.
"It doesn't worry me because in my opinion if they had it they would have used it before,” Chenoweth says.
http://www.fox16.com/news/local/story.aspx?content_id=d9d71739-5322-494e-9129-600f9025db35&rss=315
I'm seeing this argument used by Dunn's supporters a lot. Wasn't Kevin's dna the only one that was ran before his trial??? Jeremy Martin has stated that his was collected AFTER the trial. At any rate, it's obvious that the investigators DID NOT have this dna evidence on Dunn when Kevin was charged and tried. I'm sure the question of why they didn't will have Frost up on the stand again. JMO
jeremiads
08-27-2008, 09:49 AM
Well, they didn't have my DNA on file since I'm not some sort of convicted offender or anything. Surely they already had Dunn's prints (and DNA) from his previous conviction.
FDInLaw
08-27-2008, 09:50 AM
Well, they didn't have my DNA on file since I'm not some sort of convicted offender or anything. Surely they already had Dunn's prints (and DNA) from his previous conviction.But did they use them. . . that is the real question!
Also, Gary was not listed as a sex offender. Are we sure that his dna would be on file???
TJEddie
08-27-2008, 10:23 AM
The way I understand it: RPD never ran the condom wrapper for DNA. The defense team ran it before the trial and got the y-chromosome results.....enough to eliminate Kevin, but not enough to compare to any database or positively ID another person. (I would assume databases are composed of nuclear dna only for positive ID.) After the trial, more extensive testing was done and sufficient (nuclear?) results were obtained which allowed them to make a positive match.
I think Dunn's family is grasping at straws here. From what I've read, they seem to be clinging to "but he was cleared by the first investigation." They don't want to address that things were missed/ignored the first time around. JMO
jeremiads
08-27-2008, 10:39 AM
But did they use them. . . that is the real question!
Also, Gary was not listed as a sex offender. Are we sure that his dna would be on file???Well, thinking about all of that is just depressing, but... good questions, really.
I'm not sure. You know his prints would be on file. Something tells me that they would probably do DNA of all prisoners too, but I'm not sure. I wouldn't think that you'd have to be a sex offender to get your DNA filed away.
lorettalockhorn
08-27-2008, 10:40 AM
But did they use them. . . that is the real question!
Also, Gary was not listed as a sex offender. Are we sure that his dna would be on file???
There is no telling at this point how many discarded ciggy butts, drinking straws, condom wrappers, etc. have been picked up by the defense at this point.
I'm interested to find out just who can legally collect evidence to be presented in court. What is the legal standard for chain of evidence? Any bonded individual? Officer of the court? Licensed PI? Are witnesses required?
FDInLaw
08-27-2008, 10:43 AM
The way I understand it: RPD never ran the condom wrapper for DNA. The defense team ran it before the trial and got the y-chromosome results.....enough to eliminate Kevin, but not enough to compare to any database or positively ID another person. (I would assume databases are composed of nuclear dna only for positive ID.) After the trial, more extensive testing was done and sufficient (nuclear?) results were obtained which allowed them to make a positive match.
I think Dunn's family is grasping at straws here. From what I've read, they seem to be clinging to "but he was cleared by the first investigation." They don't want to address that things were missed/ignored the first time around. JMO
I agree. The Dunns may be operating with little or no real knowledge to begin with, depending on whether or not they followed Nona's case. On another site I read at least one supporter continuing the "creepy stepfather" angle and asking why DD was not checked out. The thing is, to my knowledge, everyone was interviewed and looked at again this second time around. Both Carol and Duane's dna was ran with a whole host of others. Where the RPD used a bulldozer, the new PA has used a comb (or so we hope). I'm hoping an official statement will be made about the Diperts. I doubt the suspicion cast their way is on their minds much but it would sure be nice. This must be a very difficult time for Carol now that sexual assault is on the table. No one wants to lose a daughter, especially under those circumstances. Truly horiffic. :( :rose:
FDInLaw
08-27-2008, 10:47 AM
There is no telling at this point how many discarded ciggy butts, drinking straws, condom wrappers, etc. have been picked up by the defense at this point.
I'm interested to find out just who can legally collect evidence to be presented in court. What is the legal standard for chain of evidence? Any bonded individual? Officer of the court? Licensed PI? Are witnesses required?
It sure would be heart wrenching to have the dna evidence thrown out if Dunn is our man. . . I don't even want to think about it. This being a capital murder case, let's hope that the investigation has done everything by the book.
lorettalockhorn
08-27-2008, 11:05 AM
I guess that's my point. The DNA evidence apparently wasn't proven by The Investigation, but by the defense. Was the defense given some sort of official role on McQuary's team? Can any Tom, Dick or Harry collect evidence on a case? Don't some methods of collection fall under the area of "fruit of the forbidden tree"?
FDInLaw
08-27-2008, 11:08 AM
I guess that's my point. The DNA evidence apparently wasn't proven by The Investigation, but by the defense. Was the defense given some sort of official role on McQuary's team? Can any Tom, Dick or Harry collect evidence on a case? Don't some methods of collection fall under the area of "fruit of the forbidden tree"?Excellent questions. . . I hope we can get someone on here that can answer them.
iluvmua
08-27-2008, 12:19 PM
so if they charged Gary Dunn with Murder, than more than likely he was the one who killed Nona? I'm a little confused.
do they have any evidence linking him to Nona's Death?
lorettalockhorn
08-27-2008, 12:35 PM
Jones' defense team has discovered that it was Dunn's DNA on the condom wrapper found in her apartment the day of the murder. I have to assume that they have determined when and how the wrapper was left there and by whom. Maybe those are his prints (the ones that were previously unsuitable for comparison) that were found to be on the lamp. Surely there is more evidence than the wrapper. Apparently his alibi has fallen apart also.
FDInLaw
08-27-2008, 12:40 PM
so if they charged Gary Dunn with Murder, than more than likely he was the one who killed Nona? I'm a little confused.
do they have any evidence linking him to Nona's Death?Gary Dunn has been arrested and charged with capital murder for Nona's death. This means that the State believes that they have grounds to prosecute him for this crime. Some news of the evidence they has been released. Read over the articles about the bond hearing, etc. However, there is much we may not know until Dunn goes to trial. Let's hope that Dunn will be convicted if he is guilty. IMO it is very possible that Gary Dunn is responsible for Nona's death. It sounds like much of what they have now they did not have when Kevin was prosecuted. We'll have to wait and see if the State has a good case or not.
Hope this helps! :seeya:
jeremiads
08-27-2008, 12:45 PM
Jones' defense team has discovered that it was Dunn's DNA on the condom wrapper found in her apartment the day of the murder. I have to assume that they have determined when and how the wrapper was left there and by whom. Maybe those are his prints (the ones that were previously unsuitable for comparison) that were found to be on the lamp. Surely there is more evidence than the wrapper. Apparently his alibi has fallen apart also.I still want to hear more details on the DNA testing. If it was the same as it was at the time of the trial, you can't get a direct match to anything, but in this case it would probably still be damning for Dunn.
Really, I just want to hear more facts, period. We're five days from the arrest and are still on a tenuous-at-best connection that doesn't prove murder. It irks me. And I obviously have blinders on and tunnel vision. Yadda yadda yadda.
I'd love to hear more details about other DNA findings. It would be tragic to hear if anymore evidence they could have used on Kevin was found that basically has to be ignored now, which is another worry of mine.
FDInLaw
08-27-2008, 02:27 PM
I still want to hear more details on the DNA testing. If it was the same as it was at the time of the trial, you can't get a direct match to anything, but in this case it would probably still be damning for Dunn.
Really, I just want to hear more facts, period. We're five days from the arrest and are still on a tenuous-at-best connection that doesn't prove murder. It irks me. And I obviously have blinders on and tunnel vision. Yadda yadda yadda.
I'd love to hear more details about other DNA findings. It would be tragic to hear if anymore evidence they could have used on Kevin was found that basically has to be ignored now, which is another worry of mine.
I'm glad your mantra is "I just want to hear more facts." It's hard to wait but you are right. From one that believed Kevin was guilty, his acquittal was a major blow. It's difficult for me not to hope that the State is right this time around and Justice for Nona isn't a lost cause. On the flip side, I felt really suckered by the last investigation and it's only natural to feel skeptical. Within a battle rages.
FDInLaw
08-27-2008, 06:11 PM
lala58 wrote:
For those who new Nona, I beleive the young lady deserves to have justice right along with her family. However the DNA question has yet to be answered, How they got it is known because it was on file. However back in june or july they had an officer come to Mrs. Dunns house after it was broken into and they used the excuse to get Gary and his brothers DNA to rule them out. Now you think about this because I know gary and I have thought about this alot, You have a felon living in the same apartment complex of a young lady that was murdered, routine when you know you have a known felon living in the same location is check them first which they did ruled him out because he didnt know the girl, two passed a poligraph, three why not go ahead and run the dna they already had it, hell who knows they may have but we will never know. Now back to the break in and gather more dna it is known by statements made by FROST and The STATE CRIME LAB that only one test or the other could be ran. Michael Robbins however was able to get it ran for dna after it was teasted for prints using a method of using super glue to get the vapors to highlight the print so that would have alone contaminated the dna, so back to DNA, when they came for another sample telling both boys it was so they didnt send up red flags to garys parole officer by running what they had in the system, dont you think it is possible that dna was put there so that RPD could clear there name as F** up police work. I think it is more than possible. Gary is a kind man and great with kids. Yes he done a bad thing to a woman in the past but do you know the story behind it and why he done it. sure no man should ever put there hands on a woman but it happens but no one knows the story behind it...
I could not be Nonas parents and go thru this as long as they have but then again I wouldnt want to be her parents when they put the wronger killer behind bars either. Thats not justice for nona now is it. her parents are suspicous t
http://www.todaysthv.com/news/local/story.aspx?storyid=71344&catid=2#comments
So, what was Gary's side of the story??? Anyone have a clue? :shrug:
lorettalockhorn
08-27-2008, 09:26 PM
So confused!
1st I couldn't figure out how to reply; did something happen in here, or is it just me?
2nd What possible reason could Dunn have ever given for the murderous attack on the Bona Dea victim that lala refers to? Just the suggestion makes me doubt her credibility.
3rd Why would LE need to acquire another DNA sample from Dunn if his was on record and the defense had matched it up (which supposedly instituted the second investigation)?
sweetgranny
08-27-2008, 09:46 PM
So confused!
1st I couldn't figure out how to reply; did something happen in here, or is it just me?
2nd What possible reason could Dunn have ever given for the murderous attack on the Bona Dea victim that lala refers to? Just the suggestion makes me doubt her credibility.
3rd Why would LE need to acquire another DNA sample from Dunn if his was on record and the defense had matched it up (which supposedly instituted the second investigation)?
This page is like 2 feet wide and you have to scroll side to side to even read it. By the time I get to the end of a line and go back I can't remember what it said before....seems this happend once before:shrug:
lorettalockhorn
08-27-2008, 09:56 PM
I couldn't use the post or the quote link, just the quick reply. Maybe if we keep posting and bumping until we hit page 3 it'll be okay.
FDInLaw
08-27-2008, 09:59 PM
And I thought it was just me lol! :o
lorettalockhorn
08-27-2008, 10:01 PM
It's not you. It's me. George Costanza
tehee
sweetgranny
08-27-2008, 10:05 PM
It's not you. It's me. George Costanza
tehee
I hit Qick Reply and I am quoting. I am just doing my part to get us to page 3:beer:
TJEddie
08-27-2008, 10:07 PM
George Castanza? Well how about getting some shrinkage on this thing?!
sweetgranny
08-27-2008, 10:13 PM
George Castanza? Well how about getting some shrinkage on this thing?!
I know the VERY episode. We need cold water
FDInLaw
08-27-2008, 10:27 PM
"Like a frightened turtle!"
That there was a classic episode. :hat:
lorettalockhorn
08-27-2008, 10:27 PM
No soup for you!!!!!
FDInLaw
08-27-2008, 10:30 PM
No soup for you!!!!!
"Are you master of your domain?" :D
To go with my other post:
http://www.youtube.com/watch?v=pm3F9piwnTU&feature=related
lorettalockhorn
08-27-2008, 10:34 PM
"Are you master of your domain?" :D
HAHAHAHA I was thinking of that episode too!
I'm more of a baiter than a
Oh, never mind.
FDInLaw
08-27-2008, 10:37 PM
HAHAHAHA I was thinking of that episode too!
I'm more of a baiter than a
Oh, never mind.
Well, why don't you take your snarky self off and set up your festivus pole! :tongue:
FDInLaw
08-27-2008, 10:41 PM
Well, I guess we should get back to the "who dunn it" at hand. . . :o
lorettalockhorn
08-27-2008, 10:47 PM
K, you're right. The replies are off, but at least we can read now!
I found lala's comments about LE obtaining a new DNA sample from Dunn to be very interesting. (And I doubt that anything anyone says about why he attacked the Bona Dea victim would make me feel any sympathy.)
hawgustusgloop
08-28-2008, 01:49 AM
I'm guessing someone's probably already linked this article before, but it has a lot of detail about Dunn's conviction for the Bona Dea attack.
http://www.couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
It is scary.
jeremiads
08-28-2008, 04:27 AM
"Like a frightened turtle!"
That there was a classic episode. :hat:you people sure know how to make a boy feel a little embarrassed
hawgustusgloop
08-28-2008, 06:36 AM
Well, why don't you take your snarky self off and set up your festivus pole! :tongue:
OK sorry to be off topic but I arrived late to the party. I just have to say that everyone knows the best episode is the one where Kramer has to 'act' like he has gonorrhea, Elaine discovers David Puddy's radio is tuned to a Christian station, and the girl Jerry is dating has a mysterious 'tractor story.'
FDInLaw
08-28-2008, 07:37 AM
OK sorry to be off topic but I arrived late to the party. I just have to say that everyone knows the best episode is the one where Kramer has to 'act' like he has gonorrhea, Elaine discovers David Puddy's radio is tuned to a Christian station, and the girl Jerry is dating has a mysterious 'tractor story.'
What? I don't remember this one. . . is it possible that I haven't seen it??? Gosh, I thought hubby and I had seen them all at least six times! :biggrin:
FDInLaw
08-28-2008, 10:12 AM
I'm guessing someone's probably already linked this article before, but it has a lot of detail about Dunn's conviction for the Bona Dea attack.
http://www.couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
It is scary.
It gave me chills the first time I read it! :flamemad: As Loretta stated, I don't think there is another side to the story that would make Dunn look any less guilty (in that attack).
Before, when the possibility of a sex crime was discussed, I could not get around the blow to the back of the head. The knife marks and attempt to strangle are consistent with a typical sexual assault/murder to my knowledge. But the lamp made me think that this had to be a domestic dispute. After reading how Dunn attacked the other girl first by hitting her with a tree limb (is that right?), I could see clearly how the blow to the head could easily fit in. JMO
lorettalockhorn
08-28-2008, 10:15 AM
I'm guessing someone's probably already linked this article before, but it has a lot of detail about Dunn's conviction for the Bona Dea attack.
http://www.couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
It is scary.
Thanks Hawg. I linked that, but it's broken. :confused: Maybe has something to do with not being able to stay logged in. :confused::confused::confused:
Wish the article had stated what weapon he used to make the cuts on her.
My condolences to the Bona Dea victim. I suppose it's possible that she may be asked to testify about her horrifying experience in Dunn's trial.
FDInLaw
08-28-2008, 10:23 AM
Reports indicated that the Pennsylvania native, who had moved to Russellville in August, called Pope County 911 Communications after leaving the trails near Washburn Park and drove to Saint Mary’s Wellness Fitness Center on West Main Street. Pope County EMS paramedics treated the woman at the center. The woman was transported to a local hospital emergency room by a friend.
The victim stated in reports she was running on a trail and saw Dunn wearing blue jeans and a blue shirt seated on a bench by the trail. After running by and was approximately 20 feet behind him, she stated and testified in trial Tuesday that she turned around and saw Dunn behind her. She explained Dunn then hit her with a wooden stick that she described as 2 to 2 1/2 feet long and 5 inches in diameter. The blow knocked her to the ground, she stated; then Dunn got on top of her and began hitting her on the right side of her head several times.
The woman testified that she somehow got the stick away from the man and attempted to get back up, but Dunn knocked her back down and allegedly hit her several more times. The victim testified the defendant then placed her between his legs, twisted her neck or tried to snap it and stated “I’ll f***ing kill you,” before the woman managed to get away, tried to call 911 via cellular phone and eventually ran to the fitness center.
The woman’s injuries included a black and blue left eye, cuts across the bridge of her nose, cuts under her right eye, scratches on the right side of her neck, cuts on her right shoulder, a cut on her right inner thigh, cuts on her left arm, red marks all over her face and just about all over her body. She was interviewed by authorities at the emergency room and gave a description of Dunn, who was caught later by police in the water near Ouita boat ramp on Lakefront Drive.
After the victim, RPD Officer Chris Koch and Det. Mark Frost testified that Russellville police drove through Washburn Park, down West Parkway behind the park and back to the boat ramp area when they observed a man fitting Dunn’s description coming from the direction of Bona Dea Trails. Koch stated that he could see Dunn hiding in water around grass and called for him to exit the water several times. Approximately nine officers were present before Dunn stated, “Okay, I’m coming out,” exited the water and was placed in custody.
Irwin called no witnesses during the regular portion of the trial, but questioned Dunn’s mother during the sentencing phase. Dunn’s mother said her son was employed in construction since he was 14 years old, married a mother of two children Friday and attended anger management counseling after the incident. Gibbons pointed out that Dunn’s mother was aware of the fact her son was on probation after a theft by receiving conviction in May and had violated probation conditions during the past few weeks leading up to Tuesday’s trial.
>snip<
“This victim will never be whole again,” Gibbons told the jury. “This happened in a public park, where people go to play, exercise and enjoy the outdoors. If you don’t protect your community park, your property, thugs like him (Dunn) will take them over.”
The Class D felony sentence calls for Dunn to serve at least one-third of the six-year sentence, the prosecutor said. With meritorious good behavior, Dunn could be eligible for parole after serving one to two years.http://couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
FDInLaw
08-28-2008, 10:27 AM
What am I missing Loretta??? The article mentions cuts but no sharp object (other than the stick).
FDInLaw
08-28-2008, 11:33 AM
Great place to read:
http://newsfeedresearcher.com/data/articles_n35/idn2008.08.26.16.13.30.html
From link above:
Dunn denied knowing Dirksmeyer and it remains unclear how a beauty pageant contestant who once sang the Italian operatic pop song "Con Te Partiro" crossed paths with a convicted felon. Other evidence pointed to Dirksmeyer being sexually assaulted — something prosecutors denied when they filed charges against Jones in March 2006. At the time, prosecutors claimed Jones lay on top of her body and rubbed his hands in her blood to contaminate the crime scene. [2] Robbins said Dunn lived in the same small apartment complex as Dirksmeyer at the time of the crime. "I don't think they knew each other personally," he said.[10] James Bacon, who was police chief at the time of the Dirksmeyer slaying, later became chief in Nixa, Mo. Bacon also could not be reached for comment. Robbins said it's his understanding that Dunn does not have an attorney.[10] One of Jones' attorneys, Michael Robbins of Russellville, said in a telephone interview that Dunn, a construction worker, and Dirksmeyer were not romantically involved.[10]
lorettalockhorn
08-28-2008, 12:00 PM
http://couriernews.com/archived_story.php?ID=2166&Search=gary%20dunn
The reporter didn't state what the sharp weapon was. Is the stick (which is 2 1/2 feet X 5" diameter) sharp? Is it a limb off a tree? A kid's baseball bat?
FDInLaw
08-28-2008, 12:12 PM
The reporter didn't state what the sharp weapon was. Is the stick (which is 2 1/2 feet X 5" diameter) sharp? Is it a limb off a tree? A kid's baseball bat?
Have you never scratched/cut yourself doing yard work? If the limb had rough edges could it not have caused some cuts? Also, fingernails were present. Since Dunn is mentioned doing construction work it's not too far fetched to think he might have had a utility knife on him. What I don't get, this was an attempted murder case. If there was another weapon it would have been key for the PA to make a big deal about it. The presence of a knife would have helped establish intent. I'm just saying. . .
The fact that a weapon was not mentioned causes me to wonder if the cuts were just the result of the physical struggle.
lorettalockhorn
08-28-2008, 12:32 PM
I'm more inclined to think that the reporter simply didn't mention the other weapon. If the cuts had been made with fingernails or the stick, wouldn't they have been classified as scratches? Yes, Dunn worked in construction and at the tire company and the siding company, so he could have had access to plenty of tools, if not his own pocket knife, pen knife, box cutter, etc.
Guess we may have to wait before we learn what and if the cutting weapon was and if it may be similar to what Nona's killer used to cut her.
FDInLaw
08-28-2008, 12:43 PM
I'm more inclined to think that the reporter simply didn't mention the other weapon. If the cuts had been made with fingernails or the stick, wouldn't they have been classified as scratches? Yes, Dunn worked in construction and at the tire company and the siding company, so he could have had access to plenty of tools, if not his own pocket knife, pen knife, box cutter, etc.
Guess we may have to wait before we learn what and if the cutting weapon was and if it may be similar to what Nona's killer used to cut her.All true. It sure would be nice to know if another weapon was used.
iluvmua
08-29-2008, 11:56 AM
Is it possible that Gary Dunn just walked into Nona's Aprtment (via sliding glass door) and suprised her?
and correct me if I'm wrong but Nona died from a fatal blow to the head, so she was not still alive at some point?
FDInLaw
08-29-2008, 12:11 PM
Is it possible that Gary Dunn just walked into Nona's Aprtment (via sliding glass door) and suprised her?
and correct me if I'm wrong but Nona died from a fatal blow to the head, so she was not still alive at some point?
Nona was safety conscious and it is believed that there was a stick bracing the sliding glass door. I really don't know. Maybe she let him in for some reason? Maybe there is new evidence of a break-in that we have not been told? I wonder if Nona ever used the sliding glass door? :shrug:
sololobo
08-30-2008, 05:33 AM
Nona was safety conscious and it is believed that there was a stick bracing the sliding glass door. I really don't know. Maybe she let him in for some reason? Maybe there is new evidence of a break-in that we have not been told? I wonder if Nona ever used the sliding glass door? :shrug:
There is only a very small patio outside the sliding glass door with a steep drop-off to the street. And it was winter. The only reason I can think of for her using it would be to let the cats outside if they were not strictly house cats.
lorettalockhorn
08-30-2008, 12:26 PM
Wasn't there a photo (somewhere) of the rear of her apartment that showed some of her crates and feeding/watering bowls? (May have forgotten more than I remember.)
jeremiads
08-30-2008, 12:33 PM
There is only a very small patio outside the sliding glass door with a steep drop-off to the street. And it was winter. The only reason I can think of for her using it would be to let the cats outside if they were not strictly house cats.I never saw Nona let her own personal cats outside. It's not hard for me to remember, because I loved her cats and one looked just like one of mine.
FDInLaw
08-30-2008, 04:51 PM
Speaking of cats. . . I think I just saw one on this thread!?!?! :shrug:
Here kitty, kitty! No need to fear, there are a lot of cat lovers here! :)
Me-ow
08-30-2008, 05:00 PM
i'm still here. needed to rethink.
so i will just say- gary lived in the apts, yes, he lived there w/ his wife- tho that is never mentioned.
there is more to the 03 story. i wish i could say more but i can't.
i know her family needs closure but i feel that they are pinning it on Gary just so they have someone. its bull****, he's innocent.
FFS he wouldn't let my husband go outside to smoke alone b/c a girl was murdered in his complex. he was worried about everyone's safety.
FDInLaw
08-30-2008, 05:12 PM
i'm still here. needed to rethink.
so i will just say- gary lived in the apts, yes, he lived there w/ his wife- tho that is never mentioned.
there is more to the 03 story. i wish i could say more but i can't.
i know her family needs closure but i feel that they are pinning it on Gary just so they have someone. its bull****, he's innocent.
FFS he wouldn't let my husband go outside to smoke alone b/c a girl was murdered in his complex. he was worried about everyone's safety.Thank you for coming back! Welcome! :seeya:
I really would like to know more about what happened in 03. But I understand if you can't post anything.
hawgustusgloop
08-30-2008, 05:14 PM
i'm still here. needed to rethink.
so i will just say- gary lived in the apts, yes, he lived there w/ his wife- tho that is never mentioned.
there is more to the 03 story. i wish i could say more but i can't.
i know her family needs closure but i feel that they are pinning it on Gary just so they have someone. its bull****, he's innocent.
FFS he wouldn't let my husband go outside to smoke alone b/c a girl was murdered in his complex. he was worried about everyone's safety.
Welcome! Is there anything else you can tell us about him? It's great to have someone here who knows him.
Me-ow
08-30-2008, 05:20 PM
i think i can say this- he simply kept his mouth shut at trial. he did his time, kept his nose clean afterwards and devoted his time afterwards to his wife and her kids.
it sucks b/c i know this charge is what's coloring everyone's opinions of his innocense.
Me-ow
08-30-2008, 05:22 PM
Welcome! Is there anything else you can tell us about him? It's great to have someone here who knows him.
he's a hard worker, loves his family and stands up for the underdog.
FDInLaw
08-30-2008, 05:55 PM
i think i can say this- he simply kept his mouth shut at trial. he did his time, kept his nose clean afterwards and devoted his time afterwards to his wife and her kids.
it sucks b/c i know this charge is what's coloring everyone's opinions of his innocense.
You are right, it doesn't take much to "convince" the general public of anything. A sad truth. But, do take heart, it will take a lot more to get a conviction. (IMO)
Before his arrest, was Dunn still in contact with his ex-wife and kids? Is his girlfriend standing by him?
hawgustusgloop
08-30-2008, 05:57 PM
i think i can say this- he simply kept his mouth shut at trial. he did his time, kept his nose clean afterwards and devoted his time afterwards to his wife and her kids.
it sucks b/c i know this charge is what's coloring everyone's opinions of his innocense.
I think a lot of us here are too jaded and/or confused by everything that has occurred up to this point to have developed a solid opinion on his guilt or innocence. I think that charge stands out in everyone's mind just because the injuries to the Bona Dea victim seem very similar to Nona's. Do you believe Gary Dunn is innocent?
Me-ow
08-30-2008, 06:15 PM
I think a lot of us here are too jaded and/or confused by everything that has occurred up to this point to have developed a solid opinion on his guilt or innocence. I think that charge stands out in everyone's mind just because the injuries to the Bona Dea victim seem very similar to Nona's. Do you believe Gary Dunn is innocent?
100% innocent
Before his arrest, was Dunn still in contact with his ex-wife and kids? Is his girlfriend standing by him?
They split a while ago. don't know about a girlfriend.
FDInLaw
08-30-2008, 06:16 PM
I think a lot of us here are too jaded and/or confused by everything that has occurred up to this point to have developed a solid opinion on his guilt or innocence. I think that charge stands out in everyone's mind just because the injuries to the Bona Dea victim seem very similar to Nona's. Do you believe Gary Dunn is innocent?
I totally agree. . . not sure what to think anymore. :(
FDInLaw
08-30-2008, 06:17 PM
100% innocent
Before his arrest, was Dunn still in contact with his ex-wife and kids? Is his girlfriend standing by him?
They split a while ago. don't know about a girlfriend.In one of the news articles, I think Janice Jones states that GD has/had a girlfriend that goes to Tech. I'll have to find it.
TJEddie
08-30-2008, 07:22 PM
Surely the ex-wife has been questioned. Wonder what she had to say.
lorettalockhorn
08-30-2008, 07:27 PM
Hey Meow!
FD, JJ's mention of the girlfriend was in The Chronicle article about KJ's having been denied admission to ATU. Let me see if I can snag it from your link.
http://admin.iadsnetwork.com/images/pdf/pdfs/20187.pdf
and from P9:
had attended Tech his first year of college and wanted to finish his bachelor's degree there."
"We were totally shocked," Janice Jones said, "when Kevin received a letter saying 'Admission to Arkansas Tech is denied.' When he questioned an administrator, he was told that it was a blanket denial and that he would never be able to attend that University." Janice Jones said Kevin later received a letter stating that he was denied admission for security reasons and because his transcripts were late.
Jones said Saturday that it was ironic that her son was denied admission while the man who is now accused of the crime was dating a Tech student.
"I expected Kevin to face some opposition from people he ran into, but not from educated officials" said Janice.
Janice said she and her attorney, Michael Robbins, attended an Arkansas Tech board of Trustees meeting but were not allowed to make a statement because they were not on the agenda.
Susie Nicholson, speaking for Arkansas Tech, said the university's position is stated in the letter to Kevin Jones and declined further comment.
Kevin returned to Fort Smith this week and is enrolling in UAFS.
FDInLaw
08-30-2008, 07:56 PM
Surely the ex-wife has been questioned. Wonder what she had to say.
My guess is that we will be hearing from her during the trial. We will have to wait and see which side calls her as a witness.
FDInLaw
08-30-2008, 07:58 PM
Hey Meow!
FD, JJ's mention of the girlfriend was in The Chronicle article about KJ's having been denied admission to ATU. Let me see if I can snag it from your link.
http://admin.iadsnetwork.com/images/pdf/pdfs/20187.pdf
and from P9:
had attended Tech his first year of college and wanted to finish his bachelor's degree there."
"We were totally shocked," Janice Jones said, "when Kevin received a letter saying 'Admission to Arkansas Tech is denied.' When he questioned an administrator, he was told that it was a blanket denial and that he would never be able to attend that University." Janice Jones said Kevin later received a letter stating that he was denied admission for security reasons and because his transcripts were late.
Jones said Saturday that it was ironic that her son was denied admission while the man who is now accused of the crime was dating a Tech student.
"I expected Kevin to face some opposition from people he ran into, but not from educated officials" said Janice.
Janice said she and her attorney, Michael Robbins, attended an Arkansas Tech board of Trustees meeting but were not allowed to make a statement because they were not on the agenda.
Susie Nicholson, speaking for Arkansas Tech, said the university's position is stated in the letter to Kevin Jones and declined further comment.
Kevin returned to Fort Smith this week and is enrolling in UAFS.There it is! Thanks Loretta! I wonder how the Jones family knows this???
jeremiads
08-30-2008, 08:02 PM
There it is! Thanks Loretta! I wonder how the Jones family knows this???The same exact way they knew for Kevin to start up his PR campaign days before the arrest.
iluvmua
08-30-2008, 09:53 PM
When is Mr. Dunn's next court hearing?
I would like to keep up with all the new latest developments in the Nona Dirksmeyer case.
lorettalockhorn
08-31-2008, 01:00 AM
Dunn's next court appearance is 9/22.
http://couriernews.com/archived_story.php?ID=19273&Search=nona%20dirksmeyer
lorettalockhorn
09-01-2008, 07:07 PM
Courier story about the Bona Dea attack:
http://couriernews.com/archived_story.php?ID=188&Search=bona%20dea
sweetgranny
09-01-2008, 07:15 PM
Courier story about the Bona Dea attack:
http://couriernews.com/archived_story.php?ID=188&Search=bona%20dea
Here again he spent his birthday in jail:rolleyes:
TJEddie
09-02-2008, 04:20 PM
Just reposting this article about Jack McQuary.....
http://www.salinecountyvoice.com/news/2007/1212/front_page/004.html
jeremiads
09-02-2008, 04:31 PM
Part of me wishes I didn't know that he was involved in that West Memphis shooting investigation, nor anything to do with West Memphis. That place sure knows how to hand out false convictions.
lorettalockhorn
09-07-2008, 10:04 AM
The Courier has an article this morning, but their site isn't updated (natch):
Dunn family speaks out on DNA, arrest
Martha Dunn" "I really don't think they know who did what"
By Adam Frans and Mary Kincy Benefield
crime@couriernews.com
managingeditor@couriernews.com
Martha Dunn believes, without a doubt, that her son is no murderer.
But since the Aug. 22 arrest of Gary W. Dunn, 29, in connection with the brutal December 2005 killing of 19-year-old Nona Dirksmeyer at her Russellville apartment, headlines have screamed the news: that a condom wrapper found near Dirksmeyer's body the night of her death indicated a "mixture" of DNA matched to Dirksmeyer ad Dunn.
Since the arrest, Special Prosecutor Jack McQuary, appointed at the request of 5th Judicial District Prosecutor David Gibbons, has remained silent on how investigators obtained DNA evidence linking Dunn - Dirksmeyer's onetime neighbor - to the murder.
In February, however, Michael Robbins of Doerm a lawyer for Kevin Jones - Dirksmeyer's boyfriend and the man previously tried for and acquitted of the crime - announced defense investigators matched DNA fromn the condom wrapper to a "viable suspect" in the case. He said defense lawyers gave the material to prosecutors.
Immediately following Dunn's arrest, Robbins told The Associated Press the defense team was aware of Dunn's connection to Dirksmeyer, but only recently obtained a DNA sample from him. He declined to specify how the defense obtained the sample, the AP reported.
In an interview from her home Thursday, Martha Dunn said she did not know any specifics about the DNA match investigators said implicated her son in the murder, nor why it has taken more than two years to match a DNA sample found on the condom wrapper to Gary Dunn - whose DNA has presumably been recorded in a state database at least since his 2003 second-degree battery conviction. But she said she did recall another instance in which DNA was mentioned in connection with her son.
Sometime last year, Martha Dunn said Dover Marshal Rod Pfeifer asked both Gary and his brother, Jamie Dunn, to come to the Dover Marshal's Office for questioning regarding several items, including a gun, missing from the Dunn residence.
"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."
She said Dover authorities took DNA samples from both Gary and Jamie when they were brought in for questioning.
"Gary told me that's when they took it," she said. "I wasn't allowed to go back there with him. Why they took DNA, you'd have to talk to Gary. They have both Jamie and Gary's DNA and fingerprints on record."
Pfeifer said there is an open investigation into the thefts, and would not disclose further details, while Gary Dunn has not responded to a written request for a jailhouse interview.
When asked if it was standard procedure to procure DNA samples in the investigation of thefts, Pfeifer said the Criminal Investigation Department (CID) at the Marshal's Office determines if and when samples are taken.
"That is up to my CID detective, Todd Steffy," Pfeifer said. "What was in the initial report may have led him to believe he needed to take [a DNA sample]."
When asked if Robbins, who serves as Dover city attorney, requested the sample, Pfeifer issued an unequivocal denial.
"Seeing that it's a case we're investigating here, I don't know why Michael Robbins would have even asked for it," Pfeifer said.
He said he did not know if Robbins had access to the sample. Robbins, when contacted Friday, declined comment on the matter.
Martha Dunn questioned Robbins' involvement in the continuing investigation into the homicide.
"Why are they pushing this and trying to convict someone else? It should be the police and the judge and whoever else, but Kevin Jones' lawyers shouldn't be involved," she said.
Robbns previously indicated he and Jones' other attorneys, Kenneth Johnson of Monticello and Bill Bristow of Jonesboro, remained involved in the case following Jones' acquittal due to a desire not only to fully exonerate Jones, but to gain justice for Dirksmeyer.
"I feel for Kevin Jones and his family and what they went through," Martha Dunn said. "They were so determined he had done this and now they are determined Gary did this. I really don't think they know who did what.
"I feel for Nona's parents," she added. "They need closure, but I know in my heart Gary didn't do this."
Background
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley at the time of her death.
At Jones' trial, Jones' mother, Janice Jones, testified she, Jones and Ryan Whiteside, a friend of Jones' and a pizza deliveryman who Jones told police he asked to check on Dirksmeyer after he was unable to reach her, discovered Dirksmeyer's body the night of Dec. 15, 2005.
Police found a bloody palmprint matching Jones' on a lightbulb attached to a floor lamp prosecutors said was used to kill Dirksmeyer.
Defense attorneys argued the palmprint was made not at the time of the murder, but in the chaotic moments following the discovery of Dirksmeyer's body, with former Russellville Police Chief James Bacon's description of the palmprint as "tacky" becoming a central component of Jones' defense. Jones' lawyers argued blood deposited at the time of the murder, around 11 a.m., would have dried by the time investigators were called to the scene more than six hours later.
Prosecutors alleged Jones engaged in a deliberate attempt to contaminate the crime scene, rubbing his hands in Dirksmeyer's blood and prostrating himself on her body.
Dunn, who lived in the same apartment complex as Dirksmeyer at the time of the murder, was convicted of second-degre battery in 2003 and sentenced to six years in the Arkansas Departent of Correction after he assaulted a 24-year old woman at Bona Dea Trails in 2002. He was paroled in May 2004.
Although local law enforcement agencies declined comment on the matter, Dunn's uncle, Robert White of Bigelow, said it was his understanding Dunn was initially considered as a suspect in the homicide, but was ruled out after he passed a polygraph test.
hawgustusgloop
09-07-2008, 12:47 PM
Thanks for posting! What a story.
lorettalockhorn
09-07-2008, 01:51 PM
It is quite a story, beginning with Mrs. Dunn seemingly in denial about GD's alibi. Wasn't she the one who alibied him, but that has apparently (since) fallen apart? I realize that she has been ill for some years, and may have been medicated and/or in such pain that she may simply not remember what's what.
Does anyone leave in Dover? Can someone get a copy of the police report so that we can armchair detect what there was about the crime scene (at Mrs. Dunn's home) that would indicate that DNA would help solve the crime? Or is that crime under investigation making the police report unavailable. Was Dunn living with his mother at the time of the break-in? Wouldn't it be a violation of his parole for guns to be in the home? Why would the Dover marshal want to keep that under the radar as far as Dunn's PO was concerned. Looks like he'd be obligated to report any involvement in another crime.
Why, if GD's DNA was already in the system, was another sample necessary? Why, if GD left a condom wrapper in Nona's apartment after murdering her, would he comply without a court order?
Honestly, there will have to be some more evidence than just the wrapper, like some proof of when and how it was placed, to make this case. It's just too hinky that this mystery was seemingly solved by the Kevin Jones Exoneration Team. Or maybe a new jury won't find that any more strange than the facts that were glossed over in the first trial.
And can you believe that Robbins had no comment? That's the real kicker for me.
jeremiads
09-07-2008, 08:07 PM
Gee, my faith in the Dunn investigation grows ever stronger with each new article.
FDInLaw
09-08-2008, 10:55 AM
No argument about whether or not Martha Dunn should be concerned about Robbins involvement. He is being paid to be biased. Fortunately, he was not the only player, and in the grand scheme, (maybe) not much of one. There were a good number of others involved. Do we have any reason to question the motives of the others? McQuary? Rhodes?
jeremiads
09-08-2008, 01:13 PM
I think we have a duty to be incredibly skeptical of the new investigation because of the failures of the past. I don't think anybody involved should be trusted at this point unless we start hearing about hard evidence.
They don't have a problem talking about the DNA match. They shouldn't have any problems talking about anything else. I'm surprised we have seen a probable cause document floating around.
TJEddie
09-08-2008, 02:01 PM
Jack McQuary's public statement on Gary Dunn's arrest:
http://www.todaysthv.com/news/addons/NDarrest_statement.pdf
Model Rules of Professional Conduct, Rules 3.6 and 3.8:
http://www.abanet.org/cpr/mrpc/rule_3_6.html
http://www.abanet.org/cpr/mrpc/rule_3_8.html
FDInLaw
09-08-2008, 02:25 PM
Jack McQuary's public statement on Gary Dunn's arrest:
http://www.todaysthv.com/news/addons/NDarrest_statement.pdf
Model Rules of Professional Conduct, Rules 3.6 and 3.8:
http://www.abanet.org/cpr/mrpc/rule_3_6.html
http://www.abanet.org/cpr/mrpc/rule_3_8.htmlFrom your second link (thanks for posting them BTW):
(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
So, for instance, if Robbins was running around town telling folks about Gary Dunn (by name) back in January, would that be a problem?
FDInLaw
09-08-2008, 02:30 PM
Jack McQuary's public statement on Gary Dunn's arrest:
http://www.todaysthv.com/news/addons/NDarrest_statement.pdf
Model Rules of Professional Conduct, Rules 3.6 and 3.8:
http://www.abanet.org/cpr/mrpc/rule_3_6.html
http://www.abanet.org/cpr/mrpc/rule_3_8.htmlFrom your last link:
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.
Would this include a probable cause statement? What is normally done?
Thanks again for the links TJ! :seeya:
TJEddie
09-08-2008, 02:45 PM
So, for instance, if Robbins was running around town telling folks about Gary Dunn (by name) back in January, would that be a problem?
Based on my layman's reading of the rule, it might depend on a couple of things:
1) Is/was Robbins a participant in any official investigation/litigation pertaining to Dunn's involvement in this case? (It's my understanding that the initial DNA results were obtained and paid for privately. Was Robbins officially involved beyond that?)
2) Was anything said that would create undue public prejudice against Dunn in future litigation? Anything beyond what was officially revealed upon his arrest?
Just my guesses.....but it's a good question.
TJEddie
09-08-2008, 02:57 PM
Would this include a probable cause statement? What is normally done?
Once again, just a layman's opinion, but from my reading of Rule 3.8(f), the release of a detailed probable cause statement would indeed tend to create public prejudice. I don't know if such a release is a normal or frequent practice.
FDInLaw
09-08-2008, 03:24 PM
Once again, just a layman's opinion, but from my reading of Rule 3.8(f), the release of a detailed probable cause statement would indeed tend to create public prejudice. I don't know if such a release is a normal or frequent practice.
I just posted a question about this on an "ask a lawyer" website. . . surprise, surprise, they wanted me to pay for the answer. Last I looked there was no money tree in my back yard lol! Gonna keep looking for a free answer. . . :cool:
TJEddie
09-08-2008, 04:56 PM
I just posted a question about this on an "ask a lawyer" website. . . surprise, surprise, they wanted me to pay for the answer. Last I looked there was no money tree in my back yard lol! Gonna keep looking for a free answer. . . :cool:
Apparently the limited info that was presented at the bond hearing was deemed sufficient for probable cause. I'm not expecting a multi-page detailed description like we got last time. Maybe after Dunn gets an attorney and the discovery process begins more info will start leaking out.
lorettalockhorn
09-08-2008, 05:55 PM
Based on my layman's reading of the rule, it might depend on a couple of things:
1) Is/was Robbins a participant in any official investigation/litigation pertaining to Dunn's involvement in this case? (It's my understanding that the initial DNA results were obtained and paid for privately. Was Robbins officially involved beyond that?)
2) Was anything said that would create undue public prejudice against Dunn in future litigation? Anything beyond what was officially revealed upon his arrest?
Just my guesses.....but it's a good question.
I am ultra curious about Robbins' participation, especially when it comes to chain of custody of the condom wrapper and methods that were taken during transport to assure that there was no contamination. I'm also curious as to whether or not The State at some point absolutely refused to pay for the DNA testing/results.
Glad to see some discussion; Nona's always there in a little corner of our minds, isn't she?
TJEddie
09-09-2008, 12:50 AM
I am ultra curious about Robbins' participation, especially when it comes to chain of custody of the condom wrapper and methods that were taken during transport to assure that there was no contamination. I'm also curious as to whether or not The State at some point absolutely refused to pay for the DNA testing/results.
Well, after the cell phone snafu, one would think that the state would be ultra cautious in its responsibility to maintain and protect evidence in an open murder case.......but who knows? Thus far, the condom wrapper dna evidence has only served to launch a new investigation and to help establish probable cause for arrest and detainment on suspicion of capital murder. It hasn't been submitted as proof of guilt. I'm curious to see if it's even used (or needed) in court.....I feel certain that the 7 month investigation turned up more than we've heard. If the condom wrapper is used in court, I'm sure any custody/contamination issues will be addressed.
lorettalockhorn
09-09-2008, 01:10 AM
One would think. And we can only hope. So far, we mostly have the self-congratulatory statements of Robbins--that seemingly KJ's defense solved the case for The State. If the cell phone snafu/brouhaha doesn't serve as a reminder of what can go wrong, I don't know what does.
There has to be more than the condom wrapper for probable cause; it wasn't exactly time stamped the day it was found as far as when it was left behind.
If people were skeptical before, they have to be seriously skeptical now.
TJEddie
09-09-2008, 01:28 AM
There has to be more than the condom wrapper for probable cause; it wasn't exactly time stamped the day it was found as far as when it was left behind.
I really don't know what it takes to establish probable cause. If Dunn had denied any contact with Nona, would a condom wrapper with both their dna on it raise sufficient doubt? Add his alleged lies about his whereabouts on the day of the murder and maybe that sealed the deal? Was his prior history brought up? I know you don't have to come anywhere near actually proving guilt.....don't you just have to sufficiently justify arrest on suspicion?
The R
09-09-2008, 10:22 AM
I think we have a duty to be incredibly skeptical of the new investigation because of the failures of the past. I don't think anybody involved should be trusted at this point unless we start hearing about hard evidence.
They don't have a problem talking about the DNA match. They shouldn't have any problems talking about anything else. I'm surprised we have seen a probable cause document floating around.
From what I've read, I'd have to agree with you not to jump to any conclusions. IMO, LE in this case has proved to be unpredictable at best in its investigative techique. This latest suspect/arrestee lived in the same complex and had prior arrests for related crimes, but it took that long to match the DNA up and build a case? Wow....
ALLMO,
R
lorettalockhorn
09-09-2008, 10:49 AM
I really don't know what it takes to establish probable cause. If Dunn had denied any contact with Nona, would a condom wrapper with both their dna on it raise sufficient doubt? Add his alleged lies about his whereabouts on the day of the murder and maybe that sealed the deal? Was his prior history brought up? I know you don't have to come anywhere near actually proving guilt.....don't you just have to sufficiently justify arrest on suspicion?
That may very well be the key to an indictment. I mean, you have to wonder how it was that Kevin, if innocent and with what (we think) we know now, was ever tried to begin with. How is it that Dunn's alibi couldn't be broken then, but can be now? Who was holding out then, but isn't now?
SNAFU come to mind?
McQuary's likely going to keep his cards close to the vest and we may never see anything more by way of a probable cause statement that what has already been announced. But I cannot imagine an intelligent jury being incredibly suspicious of this investigation and the outcome. Even more so than the first jury was of the Jones prosecution.
TJEddie
09-09-2008, 01:01 PM
Well, always the contrarian, I don't believe that bad investigation cooties jumped from the first investigation into the second. The second investigation was carried out by a whole new cast of characters.....folks that IMO are a cut above the first group in terms of training, experience, professionalism and general aptitude.
As for how Dunn slipped through the cracks the first time around, I suspect it was because he and his story were not subjected to the pressure and scrutiny necessary to break down lies. We all saw the videos of Kevin's interviews with officers hollering accusations of how he did it and why he did it. Was Dunn subjected to the same kind of pressure? How could he have been if the officers didn't believe there was a how and why in his case? As a career criminal, I suspect Dunn has some skill and experience in creating alibis and lying to police officers. Under the circumstances, it's not a stretch for me to believe that Dunn's skill and experience outmatched that of the RPD.
All that aside, I do agree that the first investigation might well be a big hurdle in a new trial. I'm anxious to learn what McQuary & Co. have up their sleeves.
hawgustusgloop
09-09-2008, 01:03 PM
I want to know how Dunn was cleared the first time around. I'd hate to think it was just the polygraph. He seems like he would have been the easy, obvious answer to the murder mystery given his history, right? Even if RPD was caving to public pressure to catch the killer (a common reason given for Kevin's arrest/trial), why not just pick Dunn instead? He still doesn't even have an attorney. He would've been a much, much easier mark than Kevin. There is so much missing in this story.
I am also curious about the statement in the press that Dunn has a history of lying. If he is generally known as a compulsive or pathological liar, wouldn't it be easier for his attorney to claim he gave conflicting statements, not because of guilt, but because he is just a liar by nature? Can someone be clinically diagnosed as a liar?
FDInLaw
09-09-2008, 01:38 PM
I want to know how Dunn was cleared the first time around. I'd hate to think it was just the polygraph. He seems like he would have been the easy, obvious answer to the murder mystery given his history, right? Even if RPD was caving to public pressure to catch the killer (a common reason given for Kevin's arrest/trial), why not just pick Dunn instead? He still doesn't even have an attorney. He would've been a much, much easier mark than Kevin. There is so much missing in this story.
I am also curious about the statement in the press that Dunn has a history of lying. If he is generally known as a compulsive or pathological liar, wouldn't it be easier for his attorney to claim he gave conflicting statements, not because of guilt, but because he is just a liar by nature? Can someone be clinically diagnosed as a liar? Also good reason to question GD's polygraph results. Guess it was just too hard for the PD to ignore the kid that failed miserably.
TJEddie
09-09-2008, 01:56 PM
I want to know how Dunn was cleared the first time around. I'd hate to think it was just the polygraph. He seems like he would have been the easy, obvious answer to the murder mystery given his history, right? Even if RPD was caving to public pressure to catch the killer (a common reason given for Kevin's arrest/trial), why not just pick Dunn instead? He still doesn't even have an attorney. He would've been a much, much easier mark than Kevin. There is so much missing in this story.
My personal opinion is that RPD wasn't just looking for an easy suspect. I think James Bacon really, really, really believed that Kevin did it......and that as the chief of police, he had the sway to bring his officers and the prosecutor into line behind him.
I am also curious about the statement in the press that Dunn has a history of lying. If he is generally known as a compulsive or pathological liar, wouldn't it be easier for his attorney to claim he gave conflicting statements, not because of guilt, but because he is just a liar by nature? Can someone be clinically diagnosed as a liar?
I don't think a "truth challenged" defense is gonna fly. I'm sure we'll eventually hear more about Dunn's alleged propensity for lying. Maybe we'll see if it tends to pop up in situations that aren't self serving.
FDInLaw
09-09-2008, 02:27 PM
My personal opinion is that RPD wasn't just looking for an easy suspect. I think James Bacon really, really, really believed that Kevin did it......and that as the chief of police, he had the sway to bring his officers and the prosecutor into line behind him.
I don't think a "truth challenged" defense is gonna fly. I'm sure we'll eventually hear more about Dunn's alleged propensity for lying. Maybe we'll see if it tends to pop up in situations that aren't self serving.I wholeheartedly agree. . . I don't believe that the RPD ever intended a miscarriage of justice (if that is what has actually occurred). There were good reasons for them to suspect Kevin from the beginning. I do, however wish that the original investigation would have been more thorough. It would have been nice to have had all the original suspect's dna ran back when Kevin's was. But then, with the crime lab so backed up I wonder how long that would have taken? Maybe they were discouraged from doing so? I really don't know. This case is cursed with "coulda, woulda, shouldas." Let's pray that LE can figure it out once and for all.
TJEddie
09-09-2008, 03:07 PM
I wholeheartedly agree. . . I don't believe that the RPD ever intended a miscarriage of justice (if that is what has actually occurred). There were good reasons for them to suspect Kevin from the beginning. I do, however wish that the original investigation would have been more thorough. It would have been nice to have had all the original suspect's dna ran back when Kevin's was. But then, with the crime lab so backed up I wonder how long that would have taken? Maybe they were discouraged from doing so? I really don't know. This case is cursed with "coulda, woulda, shouldas." Let's pray that LE can figure it out once and for all.
No, I have no reason to believe that RPD intended a miscarriage of justice, but I do believe that they perpetrated one. Whether their actions were professionally defensible or not is a matter for the experts, I suppose.
Like you, I hope the new investigation reveals the truth and puts this case to rest once and for all.
hawgustusgloop
09-09-2008, 05:29 PM
My personal opinion is that RPD wasn't just looking for an easy suspect. I think James Bacon really, really, really believed that Kevin did it......and that as the chief of police, he had the sway to bring his officers and the prosecutor into line behind him.
I don't think a "truth challenged" defense is gonna fly. I'm sure we'll eventually hear more about Dunn's alleged propensity for lying. Maybe we'll see if it tends to pop up in situations that aren't self serving.
Yes, that is the important distinction.
lorettalockhorn
09-09-2008, 05:43 PM
Hey! Isn't being a contrarian better than being contrary? :hat:
I do believe that Bacon believed that KJ was guilty; he was steadfast in his testimony about the tacky appearance of the bloody print, and that had to be the most important physical evidence presented. And KJ's behavior was nothing short of bizarre, what with lying on Nona's body, touching her wounds, and lifting her despite his knowledge from CSI/L&O/Whatever that he was indeed tampering with a crime scene.
If RPD had intended a miscarriage of justice and was simply responding to the torch carrying townspeople, couldn't they still have arrested Dunn? Looks like they could have railroaded him fairly easily, even if he didn't fold under the perfectly legal berating and lying that detectives frequently perpetrate on suspects. Heck, they could have turned the tables and claimed that the lie detector administrator wasn't really qualified and the fact that he passed didn't amount to a hill of beans.
Don't mean to show any disrespect for the new investigation team per se; just curious as hell as to what part The Paid Kevin Jones Reputation Restoration Committee played in it. Unless there is plenty of evidence, I think an intelligent jury will too.
It's hard to wait (And I don't mean for that to sound bloodthirsty.)
FDInLaw
09-11-2008, 12:14 PM
(Note that three articles about Kevin made the Atkins Chronicle FRONT page, but in this case, when the Dunn's have their say it made the second page of the Dover Times. :cool: )
http://admin.iadsnetwork.com/images/pdf/pdfs/22598.pdf
hawgustusgloop
09-11-2008, 12:37 PM
(Note that three articles about Kevin made the Atkins Chronicle FRONT page, but in this case, when the Dunn's have their say it made the second page of the Dover Times. :cool: )
http://admin.iadsnetwork.com/images/pdf/pdfs/22598.pdf
Thanks for posting. Yes, and it looks like Dunn's family is practically begging to tell their story. Maybe Kathy Waldo will write another letter to the editor to complain about the bias?
FDInLaw
09-11-2008, 01:24 PM
Thanks for posting. Yes, and it looks like Dunn's family is practically begging to tell their story. Maybe Kathy Waldo will write another letter to the editor to complain about the bias?It's comments like yours that generate a lot revenue for the makers of Windex wipes. :D
lorettalockhorn
09-11-2008, 08:44 PM
Thanks for posting. Yes, and it looks like Dunn's family is practically begging to tell their story. Maybe Kathy Waldo will write another letter to the editor to complain about the bias?
I'm down with that. As long as they make corrections for clarity.
I don't have a problem with a letter to the editor being on the second page; that may be the norm for The Dover Times. But why not simply make a transcript (was the thing handwritten?) and do what other papers do and insert [sic] to indicate that the error is the author's and not the paper's? (Unless they are like The Courier and don't actually recognize errors.)
Oh well. Maybe the Tysons will interview the Dunns and give them the same front page coverage that was afforded the Joneses.
lorettalockhorn
09-11-2008, 08:45 PM
It's comments like yours that generate a lot revenue for the makers of Windex wipes. :D
Better that than Depends. :hat:
Me-ow
09-12-2008, 10:13 AM
First of all thanks to everyone for putting up links, I'm not in the area and it's hard to find all the info.
Where do you get that GD is a carreer criminal? Yes, he did an unjustifiable thing in 03 that none of you truly know the details about and I'm not at liberty to explain, BUT he felt huge remorse and did his time, didn't speak up at court and let it go down as the girl claimed it happened. (oh how I wish he hadn't b/c then maybe the majority of public opinion wouldn't be against him)
To be honest I never really paid attention to the case until it affected those I know and care about. I've waded thru quite a bit of the other thread about Nona and have questions- many of which you folks have asked as well. How can KJ's attorney's find things the FBI did not? (I believe I read the FBI were called in early on) There are many many more, but I'll leave those for later.
As for the claims that GD is a liar- many of the things his mother said were taken out of context- she said he tells white lies same as everyone else such as if there is a surprise party or do I look fat, this was translated to simply "he lies".
No, he isn't a saint or the perfect person but he also not a murderer. Just a small town guy w/ little $ and a record so hey it looks a good fit for a railroading. I hope someday the truth is found out and Nona's family can have the peace and closure they need but if Gary is convicted whether the family realizes it or not it will be a false peace as the real killer is right now still free and God knows where but most likely thrilled to be getting away.
Just my two cents- btw it does help my heart to know so many others are questioning this investigation and not just assuming his guilt :)
TJEddie
09-12-2008, 10:45 AM
Where do you get that GD is a carreer criminal?
I believe I was the one who used the term career criminal. My reason for using it:
" Dunn, who turns 29 on Tuesday, already had felony convictions for hiding a man wanted by police inside his home, selling a stolen trumpet and breaking into a construction company's storage trailer to steal power tools with others.
He was out on parole at the time of Dirksmeyer's death after serving only two years of a six-year sentence for randomly attacking and threatening to kill a jogger in 2002."
http://hosted.ap.org/dynamic/stories/B/BEAUTY_QUEENS_SLAYING?SITE=WBEZELN&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2008-08-26-04-55-17
SaraSidle
09-12-2008, 02:21 PM
I find it quite odd that GD's dna would not be evidence until just recently. The only think I can think of is LE held back until there was more for an MO. Maybe they did not want a repeat of the KJ fiasco. IMO
FDInLaw
09-12-2008, 03:12 PM
First of all thanks to everyone for putting up links, I'm not in the area and it's hard to find all the info.
Where do you get that GD is a carreer criminal? Yes, he did an unjustifiable thing in 03 that none of you truly know the details about and I'm not at liberty to explain, BUT he felt huge remorse and did his time, didn't speak up at court and let it go down as the girl claimed it happened. (oh how I wish he hadn't b/c then maybe the majority of public opinion wouldn't be against him)
To be honest I never really paid attention to the case until it affected those I know and care about. I've waded thru quite a bit of the other thread about Nona and have questions- many of which you folks have asked as well. How can KJ's attorney's find things the FBI did not? (I believe I read the FBI were called in early on) There are many many more, but I'll leave those for later.
As for the claims that GD is a liar- many of the things his mother said were taken out of context- she said he tells white lies same as everyone else such as if there is a surprise party or do I look fat, this was translated to simply "he lies".
No, he isn't a saint or the perfect person but he also not a murderer. Just a small town guy w/ little $ and a record so hey it looks a good fit for a railroading. I hope someday the truth is found out and Nona's family can have the peace and closure they need but if Gary is convicted whether the family realizes it or not it will be a false peace as the real killer is right now still free and God knows where but most likely thrilled to be getting away.
Just my two cents- btw it does help my heart to know so many others are questioning this investigation and not just assuming his guilt :)Glad you are still hanging out with us! :seeya:
Regarding the FBI, I believe it was behavioral specialist that were consulted. They were shown Kevin's interview tapes, etc. The FBI had little or no input about other suspects IIRC. One important thing to note. . . ONLY Kevin's dna was ran during the first investigation. This is a fact that I struggle with personally. . . it sure would have been nice if they would have been more thorough to begin with. BUT this explains why LE has more on Gary Dunn now than they did before. DNA samples were collected from other possible suspects and family members (Carol and Duane) AFTER Kevin's trial. Hope this helps!
FDInLaw
09-12-2008, 03:15 PM
Just an FYI. . . 48 Hours is planning on airing a brief update next Saturday.
SaraSidle
09-12-2008, 04:11 PM
Just an FYI. . . 48 Hours is planning on airing a brief update next Saturday.
Oh my goodness. I hope it is good. thanks for the heads up
upallnight
09-13-2008, 02:04 AM
thanks for posting. Yes, and it looks like dunn's family is practically begging to tell their story. Maybe kathy waldo will write another letter to the editor to complain about the bias?
haha! Lmao!
upallnight
09-13-2008, 02:27 AM
Just an FYI. . . 48 Hours is planning on airing a brief update next Saturday.
Thanks FD :seeya:
lorettalockhorn
09-13-2008, 12:18 PM
First of all thanks to everyone for putting up links, I'm not in the area and it's hard to find all the info.
Where do you get that GD is a carreer criminal? Yes, he did an unjustifiable thing in 03 that none of you truly know the details about and I'm not at liberty to explain, BUT he felt huge remorse and did his time, didn't speak up at court and let it go down as the girl claimed it happened. (oh how I wish he hadn't b/c then maybe the majority of public opinion wouldn't be against him)
To be honest I never really paid attention to the case until it affected those I know and care about. I've waded thru quite a bit of the other thread about Nona and have questions- many of which you folks have asked as well. How can KJ's attorney's find things the FBI did not? (I believe I read the FBI were called in early on) There are many many more, but I'll leave those for later.
As for the claims that GD is a liar- many of the things his mother said were taken out of context- she said he tells white lies same as everyone else such as if there is a surprise party or do I look fat, this was translated to simply "he lies".
No, he isn't a saint or the perfect person but he also not a murderer. Just a small town guy w/ little $ and a record so hey it looks a good fit for a railroading. I hope someday the truth is found out and Nona's family can have the peace and closure they need but if Gary is convicted whether the family realizes it or not it will be a false peace as the real killer is right now still free and God knows where but most likely thrilled to be getting away.
Just my two cents- btw it does help my heart to know so many others are questioning this investigation and not just assuming his guilt :)
Glad to see you here. I've noticed on some other boards that posters seem to stop just short of defending Dunn's attack of the Bona Dea victim. Not sure how what you characterize as unjustifiable could have ever been explained away by him or you or anyone else.
That said, I can fully understand his family's fears about "railroading". The thought that Mrs. Chenoweth's property could have been searched without a warrant is worrisome. And does anyone begin to understand why another DNA sample would have been needed for this investigation? Or why if it was taken last year, but the new investigation wasn't officially sanctioned until around the cusp of '07/'08, was that sample actually used in the new investigation? If so, why is Robbins saying that the KJ defense obtained a sample?
Questions and more questions.
lane99
09-14-2008, 07:53 PM
...And KJ's behavior was nothing short of bizarre, what with lying on Nona's body, touching her wounds, and lifting her despite his knowledge from CSI/L&O/Whatever that he was indeed tampering with a crime scene...
In fact, I think it's quite common for people to be in psychological denial in these situations. And attempt to resucitate someone (particularly someone you are in love with) even when, in all probability, it is going to be futile.
Heaven forbid (one million times) I should ever be able to say from experience how I would personally act, but I hope my first reaction wouldn't be "ok, she's probably dead. i might as well accept that and go get a roll of yellow tape like they do on CSI".
lorettalockhorn
09-14-2008, 08:03 PM
In fact, I think it's quite common for people to be in psychological denial in these situations. And attempt to resucitate someone (particularly someone you are in love with) even when, in all probability, it is going to be futile.
Heaven forbid (one million times) I should ever be able to say from experience how I would personally act, but I hope my first reaction wouldn't be "ok, she's probably dead. i might as well accept that and go get a roll of yellow tape like they do on CSI".
Yet that is in essence what he told the 911 operator. I fault the operator for not insisting that the Joneses and RW immediately leave the apartment. Instead they were asked to search (in the dark?) for an address. Who really knows how much of the disarray was caused by them, the killer or Nona herself?
TJEddie
09-15-2008, 12:58 AM
In fact, I think it's quite common for people to be in psychological denial in these situations. And attempt to resucitate someone (particularly someone you are in love with) even when, in all probability, it is going to be futile.
Heaven forbid (one million times) I should ever be able to say from experience how I would personally act, but I hope my first reaction wouldn't be "ok, she's probably dead. i might as well accept that and go get a roll of yellow tape like they do on CSI".
Thanks for weighing in on this, lane. I think most folks with common sense, some life experience, and no ax to grind would probably agree with you. I also think those with experience in dealing with acute psychological trauma would agree that denial is not a static state, and levels of acceptance/denial may tend to ebb and flow as a person goes through the motions of dealing with the trauma.
I still have questions about the actual extent of Kevin's alleged contamination of the crime scene. With Kevin as the prime suspect, his presence on the scene was a major issue......with somebody else as a suspect, I'm not so sure it is. Although the scene was admittedly disturbed upon discovery, evidence left behind by another killer should have still been there. As I recall from the first trial, Kevin was only physically connected to two pieces of evidence at the scene, the light bulb and a greeting card. There was no physical evidence connecting him to two other critical items, the lamp base and the condom wrapper. I think there's a good chance other evidence exists.....assuming it was collected.
upallnight
09-15-2008, 02:42 AM
Glad you are still hanging out with us! :seeya:
Regarding the FBI, I believe it was behavioral specialist that were consulted. They were shown Kevin's interview tapes, etc. The FBI had little or no input about other suspects IIRC. One important thing to note. . . ONLY Kevin's dna was ran during the first investigation. This is a fact that I struggle with personally. . . it sure would have been nice if they would have been more thorough to begin with. BUT this explains why LE has more on Gary Dunn now than they did before. DNA samples were collected from other possible suspects and family members (Carol and Duane) AFTER Kevin's trial. Hope this helps!
I agree-This is so sad FD, I just feel sick over it all if it is the truth and really struggle with what to think because there is only so much that has been made public as far as the evidence against GD. I really feel there is more evidence against him for them to charge him with Capital Murder, but time and evidence will hopefully tell the truth.
Just the thought of all Carol has had to go through already and if GD did do this and it was there for the testing all along is just terrible in more ways than one. It has been hard on so many people that cares about Nona, but for Carol-there is nothing that can ever explain a mothers love for her child! Nona is in her heart and in her soul and that will never change. My heart and prayers go out to her. Dear Lord I pray for your healing hand to be placed on Carol. Lord I pray you lead this team of investigators and prosecutor to prove the truth and nothing but the truth. For Carol, For Nona, For All Nona's Family and those who love them!:rose::rose::rose::rose::rose:
lorettalockhorn
09-15-2008, 10:33 AM
I agree-This is so sad FD, I just feel sick over it all if it is the truth and really struggle with what to think because there is only so much that has been made public as far as the evidence against GD. I really feel there is more evidence against him for them to charge him with Capital Murder, but time and evidence will hopefully tell the truth.
Just the thought of all Carol has had to go through already and if GD did do this and it was there for the testing all along is just terrible in more ways than one. It has been hard on so many people that cares about Nona, but for Carol-there is nothing that can ever explain a mothers love for her child! Nona is in her heart and in her soul and that will never change. My heart and prayers go out to her. Dear Lord I pray for your healing hand to be placed on Carol. Lord I pray you lead this team of investigators and prosecutor to prove the truth and nothing but the truth. For Carol, For Nona, For All Nona's Family and those who love them!:rose::rose::rose::rose::rose:
Didn't McQuary state that the capital murder charge was due to premeditation? If that is so, there has to be more, since Robbins (should we believe him? Is he part of the new investigation?) stated that it wasn't believed that Nona and Dunn knew each other. Is there some evidence that GD had threatened her before the day of the murder?
We can only imagine how Nona's family is reeling from this new arrest; sympathy and strength to them.
TJEddie
09-15-2008, 12:19 PM
i'm still here. needed to rethink.
so i will just say- gary lived in the apts, yes, he lived there w/ his wife- tho that is never mentioned.
Interesting that that has not been mentioned anywhere except here, to my knowledge. It's been reported that Gary's wife had 2 children. Does anybody know if the wife and kids were living at the apartment at the time of Nona's murder?
hawgustusgloop
09-15-2008, 01:39 PM
Didn't McQuary state that the capital murder charge was due to premeditation? If that is so, there has to be more, since Robbins (should we believe him? Is he part of the new investigation?) stated that it wasn't believed that Nona and Dunn knew each other. Is there some evidence that GD had threatened her before the day of the murder?
We can only imagine how Nona's family is reeling from this new arrest; sympathy and strength to them.
That is very important. I think it would be easy to jump to the conclusion that it's a captial charge due to the murder being committed during the commission of another felony (rape, burglary?). But, if it is due to premeditation, I wonder what evidence would lead to that conclusion? Maybe they have evidence that he was lying in wait for her? Or maybe they found the object that might have made the cuts and think he took it with him for that sole purpose? From the stories that are trickling out, I am kind of uncomfortable with how much Robbins's name is popping up in regards to the new investigation. And I am all over the grassy knoll with respect to the whole Birdie fiasco. I hope he hasn't played as big of a role in Dunn's arrest as it seems from the articles. It adds an element of suspicion about the evidence I don't think would exist otherwise, and it also makes it seem like the police were/are incompetent and can't solve the case without the help of Kevin's defense attorney.
:rose: God bless Carol. Her precious daughter was taken from her, she has endured disgusting criticism (for smiling of all things), and gone through what I am sure was a heartbreaking ordeal during the first trial. It would be yet another tragedy to not find out the truth this time around. She will continue to be in my prayers. I hope she can find answers and find peace.
lorettalockhorn
09-15-2008, 02:02 PM
Hawg, I wondered about the capital charge immediately and wondered if it was perhaps due to the fact that the murder occurred along with another felony crime. McQuary's statement: "Under capital murder, there's a specific subsection on that, that says something to the effect of premeditation, a person that wants to kill a person and he kills a person,” McQuary said. Based upon the case it fits the case."
http://arkansasmatters.com/content/fulltext/news/?cid=103421
I'm at a loss as to how (especially if GD and Nona didn't know each other) this could be known. Threats on her answering machine or voicemail? Threats in the mail? Verbal statements to a third party that he wanted to kill his beauty queen neighbor, or maybe he actually knew her name and stated it? Just wondering how the premeditation can be proven and/or admissable.
TJEddie
09-15-2008, 09:59 PM
Interesting that that has not been mentioned anywhere except here, to my knowledge. It's been reported that Gary's wife had 2 children. Does anybody know if the wife and kids were living at the apartment at the time of Nona's murder?
Ok, I'll follow up on this myself. According to Robbins, Nona was not believed to have had a personal relationship with Dunn. However, if Dunn's wife and her children were living at the apartment complex, maybe Nona had some connection or interaction with them. Nona reportedly had a real soft spot for kids. I can certainly imagine her taking an interest in them.
lorettalockhorn
09-16-2008, 12:04 AM
TJE, that makes perfect sense to me.
The R
09-16-2008, 06:44 AM
Glad to see you here. I've noticed on some other boards that posters seem to stop just short of defending Dunn's attack of the Bona Dea victim. Not sure how what you characterize as unjustifiable could have ever been explained away by him or you or anyone else.
That said, I can fully understand his family's fears about "railroading". The thought that Mrs. Chenoweth's property could have been searched without a warrant is worrisome. And does anyone begin to understand why another DNA sample would have been needed for this investigation? Or why if it was taken last year, but the new investigation wasn't officially sanctioned until around the cusp of '07/'08, was that sample actually used in the new investigation? If so, why is Robbins saying that the KJ defense obtained a sample?
Questions and more questions.
WAIT! You mean it's not normal for a fella to wear his jeans down to the local jogging track, carry his wood stick, beat up on some lady, and then hide from authorities afterwards?
Man, what's the world coming to?
ALLMO,
R
PS- I just wonder if it has been publicized if Dunn is angry at his Mom?
lorettalockhorn
09-16-2008, 09:24 AM
Hey R, do you think GD took a stick with him to Bona Dea rather than just grabbed one up as a weapon of opportunity?
Haven't heard anything about him and his mother; nothing since The Atkins Chronicle pathetic (and condescending) article/letter to the editor last week.
This was in The Courier this morning in the Letters to the editor section:
You do the crime...
How is it that someone who is convicted of second degree battery in 2003 and sentenced to six years, is let out soon enough to have killed poor Nona in December 2005. If this is true, shame on our justice system for failing both of these young women! Some thing should be done to change the fact that someone can commit this type of crime and get out early. We need to look at all of our Judges and Law makers this election and make a few changes if this is the resul of them holding their positions. I do not want to see another young person hurt or killed by someone who should be serving the time they were given, and made to serve it.
Janet Lynn Carey
Russellvillle
Don't know if the errors were the author's or The Courier's; at least The Courier didn't make any snotty comments about spelling and punctuation.
And interesting that this woman doesn't fault the jury for not finding GD guilty of attempted murder in this case. Or doesn't say so.
lane99
09-16-2008, 02:07 PM
Thanks for weighing in on this, lane...
I've seen several comments along the lines of "Well, as it turns out, Kevin might not have done it. But I don't blame the authorities for prosecuting him. His behaviour was so off the charts and suspicious that it made him LOOK guilty".
So I'm wondering what this so-called suspicious behaviour was? If it's things such as him freaking out when he found the victim's body, or banging his hand on a chair when he was in the police station, then that just doesn't compute.
Seems to me that not only would things like those fall within the bell curve of an INNOCENT and BEREAVED person's potential behaviour in such circumstances, but they probably fall fairly close to the center of the curve.
FDInLaw
09-16-2008, 02:16 PM
I've seen several comments along the lines of "Well, as it turns out, Kevin might not have done it. But I don't blame the authorities for prosecuting him. His behaviour was so off the charts and suspicious that it made him LOOK guilty".
So I'm wondering what this so-called suspicious behaviour was? If it's things such as him freaking out when he found the victim's body, or banging his hand on a chair when he was in the police station, then that just doesn't compute.
Seems to me that not only would things like those fall within the bell curve of an INNOCENT and BEREAVED person's potential behaviour in such circumstances, but they probably fall fairly close to the center of the curve.This thread is for discussion about Gary Dunn. Please post your question about Kevin on the main thread. Thanks. :seeya:
FDInLaw
09-16-2008, 02:19 PM
Hey R, do you think GD took a stick with him to Bona Dea rather than just grabbed one up as a weapon of opportunity?
Haven't heard anything about him and his mother; nothing since The Atkins Chronicle pathetic (and condescending) article/letter to the editor last week.
This was in The Courier this morning in the Letters to the editor section:
You do the crime...
How is it that someone who is convicted of second degree battery in 2003 and sentenced to six years, is let out soon enough to have killed poor Nona in December 2005. If this is true, shame on our justice system for failing both of these young women! Some thing should be done to change the fact that someone can commit this type of crime and get out early. We need to look at all of our Judges and Law makers this election and make a few changes if this is the resul of them holding their positions. I do not want to see another young person hurt or killed by someone who should be serving the time they were given, and made to serve it.
Janet Lynn Carey
Russellvillle
Don't know if the errors were the author's or The Courier's; at least The Courier didn't make any snotty comments about spelling and punctuation.
And interesting that this woman doesn't fault the jury for not finding GD guilty of attempted murder in this case. Or doesn't say so."Janet Lynn" sounds like one of our posters. Huh.
Thanks for typing that out. . . you're a gem, Loretta! :seeya:
TJEddie
09-16-2008, 03:44 PM
This thread is for discussion about Gary Dunn. Please post your question about Kevin on the main thread. Thanks. :seeya:
Hahahaha!! Don't let it bother you, lane. FD did same thing to me when I posted positive comments about the Jones'......only in my case, she didn't want them on the main thread, either! I say post wherever you feel it's most appropriate......if detrimental comments about Kevin Jones are allowed on this thread, then it seems to me that this would be the place to respond to them. I think we're all grown-ups here and can wade through or ignore whatever we find distracting or unpleasant. I've been doing it for the past year!
(All intended in the spirit of goodwill and unity, of course. :patriot:)
FDInLaw
09-16-2008, 04:55 PM
Hahahaha!! Don't let it bother you, lane. FD did same thing to me when I posted positive comments about the Jones'......only in my case, she didn't want them on the main thread, either! I say post wherever you feel it's most appropriate......if detrimental comments about Kevin Jones are allowed on this thread, then it seems to me that this would be the place to respond to them. I think we're all grown-ups here and can wade through or ignore whatever we find distracting or unpleasant. I've been doing it for the past year!
(All intended in the spirit of goodwill and unity, of course. :patriot:)Yes, I realize that for some this whole mess is solely about Kevin Jones. However, anyone can start a thread on this forum, and I started this one for discussion about Gary Dunn and requested in my first post specifically that questions/comments that pertain only to Kevin Jones be kept on the main thread (or other threads). I have, in what I thought was a friendly manner, requested that this be respected. Why is this a problem? I just bumped a thread in order to help answer Lane's question. I'm not trying to be rude or avoid her (?). :shrug:
FDInLaw
09-16-2008, 04:56 PM
This thread is for analysis and discussion of the State's case against Gary Dunn. Please, let's keep it productive. . . try to keep any "but Kevin" arguments on the main thread. Focus on Gary Dunn here.
Thanks! :seeya:Bumping.
TJEddie
09-16-2008, 07:46 PM
Yes, I realize that for some this whole mess is solely about Kevin Jones. However, anyone can start a thread on this forum, and I started this one for discussion about Gary Dunn and requested in my first post specifically that questions/comments that pertain only to Kevin Jones be kept on the main thread (or other threads). I have, in what I thought was a friendly manner, requested that this be respected. Why is this a problem? I just bumped a thread in order to help answer Lane's question. I'm not trying to be rude or avoid her (?). :shrug:
Well, since you asked......IMO it's a problem because you only seem to jump in with this request when positive things are posted about Kevin Jones, his family, or his attorneys, while critical, disparaging and snide remarks about same go unchallenged. If you'll go back and check, you'll see that lane's response on this thread was to a disparaging post that was made on this thread. IMO if you want your requests to be taken more seriously, you need to be a bit more vigilant and consistent in doling them out.
As a side note, I think trying to shunt posts that support or defend the Jones family off onto less active threads that will quickly be buried is a rather transparent and cheap trick. You tried to do it to me and now I see you trying to do it to another poster. But maybe I misread your intentions.
Anyway, thanks for asking. As always, just my opinion. :seeya:
lorettalockhorn
09-16-2008, 08:32 PM
Well, since you asked......IMO it's a problem because you only seem to jump in with this request when positive things are posted about Kevin Jones, his family, or his attorneys, while critical, disparaging and snide remarks about same go unchallenged. If you'll go back and check, you'll see that lane's response on this thread was to a disparaging post that was made on this thread. IMO if you want your requests to be taken more seriously, you need to be a bit more vigilant and consistent in doling them out.
As a side note, I think trying to shunt posts that support or defend the Jones family off onto less active threads that will quickly be buried is a rather transparent and cheap trick. You tried to do it to me and now I see you trying to do it to another poster. But maybe I misread your intentions.
Anyway, thanks for asking. As always, just my opinion. :seeya:
I'm thinking that Lane's post was in response to my post where I characterized Kevin's behavior as bizarre. Not sure how that qualifies as disparaging.
But it's nice to see you speaking right out instead of being your usual PA self.
Threads are not inactive if people post in them (and I think the only two that have disappeared are the one started by the troll and the original condolences thread which FH2O put the kibosh on for some unknown, unfathomable, maybe even unGodly reason); why is it that the pro-defense types don't start and keep pro-Kevin threads alive?
FDInLaw
09-16-2008, 08:40 PM
Well, since you asked......IMO it's a problem because you only seem to jump in with this request when positive things are posted about Kevin Jones, his family, or his attorneys, while critical, disparaging and snide remarks about same go unchallenged. If you'll go back and check, you'll see that lane's response on this thread was to a disparaging post that was made on this thread. IMO if you want your requests to be taken more seriously, you need to be a bit more vigilant and consistent in doling them out.
As a side note, I think trying to shunt posts that support or defend the Jones family off onto less active threads that will quickly be buried is a rather transparent and cheap trick. You tried to do it to me and now I see you trying to do it to another poster. But maybe I misread your intentions.
Anyway, thanks for asking. As always, just my opinion. :seeya:I requested for her to post her question on the MAIN thread. . . the one everyone reads. No cheap trick, in fact, I went there and posted a reply to her question. Now, can we get back on topic?
As to going on and on about the Jones family while others would like to talk about ALL the current events (such as the arrest of another person) I don't see it as unreasonable to suggest starting another thread. The main thread is for Nona and her murder. The thread suga started for the Jones family went poof do to her actions, but another one could be started. We lost the thread for Nona's family awhile back when Freshwater went bye-bye and a new one was started. Just a thought.
lorettalockhorn
09-16-2008, 08:49 PM
Wish the R would come back and elucidate about Dunn and his mother. Is she asking if he's angry? Or has there been some news that he is?
So curious about the fact that she alibied him before and now the alibi fell through and wonder what role her illnesses may have played in that.
TJEddie
09-16-2008, 10:29 PM
So I've been thinking about the Bona Dea attack, the friend/family secrecy on the story behind it, and what types of situations might be applicable. Of course violence can and does occur between total strangers in situations like road rage, accidental or negligent destruction of property, endangerment of loved ones, things like that. However, in situations like that, I can't see a reason for secrecy about what prompted the violence. (The reason may seem stupid in retrospect, but I think most folks would at least try to offer an explanation.) So why the secrecy in this case?
One possible explanation I've come up with is a situation where a stranger observes something seriously inappropriate, dangerous or illegal and either threatens intervention or contacts the authorities. In a situation like that, I can see the possibility of a guilty person becoming violent toward the accuser, but then not wanting the reason for the violence to be made public.
It's just speculation on my part.....may or may not be relevant.
loulou58
09-17-2008, 12:12 AM
I wonder if possibly Nona had witnessed or reported something she saw or suspected GD doing and he found out about her ratting him out, going after her for revenge?? Just a thought.......
TJEddie
09-17-2008, 12:52 AM
I wonder if possibly Nona had witnessed or reported something she saw or suspected GD doing and he found out about her ratting him out, going after her for revenge?? Just a thought.......
Pure speculation at this point, but I think it would be particularly tragic if the two cases turned out to be similar in some aspect like that.
FDInLaw
09-17-2008, 08:09 AM
I wonder if possibly Nona had witnessed or reported something she saw or suspected GD doing and he found out about her ratting him out, going after her for revenge?? Just a thought.......
The presence of the condom wrapper strongly suggests to me that Gary had a different motive if responsible. I wonder what kind of interactions they had BEFORE the murder. Were they ever seen talking, etc. I bet the neighbors are racking their brains trying to remember details.
Also, the Bona Dea incident, if they did know each other, had Gary been rejected? That would be a powerful trigger.
I sure hope someone will eventually tell us Gary's side of the story.
lorettalockhorn
09-17-2008, 10:16 AM
One thing that is interesting about the thought that Dunn and the Bona Dea victim may have known each other is that it was apparently never brought up in court. (And after reading some comments on the news sites, you can't help but wonder.) If it's true that they did, and it had been brought out in court, it might have impressed the jury that the attack was indeed an attempted murder. Apparently the victim didn't testify to any such thing, and I'll assume that GD didn't take the stand, and apparently Irwin didn't see fit to ask about any such thing on cross examination. One could argue that this knowledge would have impressed the jury that the attack was premeditated if there had been problems between the two. Or I suppose, one might argue that Irwin was ineffective counsel if (like some of Dunn's supporters have argued) there was a reason for the attack.
lorettalockhorn
09-17-2008, 10:21 AM
I wonder if possibly Nona had witnessed or reported something she saw or suspected GD doing and he found out about her ratting him out, going after her for revenge?? Just a thought.......
Seems to me that someone brought up in the main thread, that maybe Nona had seen something illegal or illicit going on and had perhaps told the perpetrator that she was going to report him. Chilling thought.
The R
09-17-2008, 10:59 AM
Wish the R would come back and elucidate about Dunn and his mother. Is she asking if he's angry? Or has there been some news that he is?
So curious about the fact that she alibied him before and now the alibi fell through and wonder what role her illnesses may have played in that.
very sorry for the hit and run post Loretta! I've just been busy beyond reason lately.
Actually I know nothing about the relationship between Dunn and his mother and anything I stated about that is pure speculation, but as to explaining why Dunn went off and beat some lady about the head, his attempting to hide afterwards doesn't lend much to he theory that the beating could've been justified. I can't see how beating a woman on the head with a stick and then threatening to kill her is justified at all, unless she was just previously trying to do the same to him (self defense).
I just know that criminologists sometimes find that a man that is violent towards women and assaults or kills is angry at his mother. That was the basis for my speculation and I will of course admit to placing the cart before the horse.
ALLMO,
R
lorettalockhorn
09-17-2008, 12:11 PM
very sorry for the hit and run post Loretta! I've just been busy beyond reason lately.
Actually I know nothing about the relationship between Dunn and his mother and anything I stated about that is pure speculation, but as to explaining why Dunn went off and beat some lady about the head, his attempting to hide afterwards doesn't lend much to he theory that the beating could've been justified. I can't see how beating a woman on the head with a stick and then threatening to kill her is justified at all, unless she was just previously trying to do the same to him (self defense).
I just know that criminologists sometimes find that a man that is violent towards women and assaults or kills is angry at his mother. That was the basis for my speculation and I will of course admit to placing the cart before the horse.
ALLMO,
R
Gotcha. You really do have to wonder if he has/had some sort of issues and what they might be. I was reminded earlier on that we may never hear any more details about the Bona Dea case, and we might never hear any more about what his issues toward women or anger in general might be.
Thanks. Being busy within reason is almost unreasonable in my book. :hat:
Brainstorm
09-19-2008, 08:25 PM
Gary Dunn has been arrested and charged with capital murder for Nona's death. This means that the State believes that they have grounds to prosecute him for this crime. Some news of the evidence they has been released. Read over the articles about the bond hearing, etc. However, there is much we may not know until Dunn goes to trial. Let's hope that Dunn will be convicted if he is guilty. IMO it is very possible that Gary Dunn is responsible for Nona's death. It sounds like much of what they have now they did not have when Kevin was prosecuted. We'll have to wait and see if the State has a good case or not.
Hope this helps! :seeya:
I'm glad your mantra is "I just want to hear more facts." It's hard to wait but you are right. From one that believed Kevin was guilty, his acquittal was a major blow. It's difficult for me not to hope that the State is right this time around and Justice for Nona isn't a lost cause. On the flip side, I felt really suckered by the last investigation and it's only natural to feel skeptical. Within a battle rages.
From what I've read, I'd have to agree with you not to jump to any conclusions. IMO, LE in this case has proved to be unpredictable at best in its investigative techique. This latest suspect/arrestee lived in the same complex and had prior arrests for related crimes, but it took that long to match the DNA up and build a case? Wow....
ALLMO,
R
OMG.......maybe the truth will come out.I havent kept up but looks as if you all have. Thanks for keeping on keeping on.Prayers for Nonas' Mom.
lorettalockhorn
09-19-2008, 09:34 PM
KFSM/Channel 5 news announced that a gag order has been instated. Sorry, don't see it on their web site right offhand.
The R
09-20-2008, 11:08 AM
The way I understand it: RPD never ran the condom wrapper for DNA. The defense team ran it before the trial and got the y-chromosome results.....enough to eliminate Kevin, but not enough to compare to any database or positively ID another person. (I would assume databases are composed of nuclear dna only for positive ID.) After the trial, more extensive testing was done and sufficient (nuclear?) results were obtained which allowed them to make a positive match.
I think Dunn's family is grasping at straws here. From what I've read, they seem to be clinging to "but he was cleared by the first investigation." They don't want to address that things were missed/ignored the first time around. JMO
good points about the family, etc.
Polygraphs obviously aren't worth a damn for anything other than trying wrangle a confession out of someone. DNA on the other hand....
IMO there is a pattern with this guy. I have no idea if he killed anyone, but his behavior fits a profile or two IMO. Some serials have worked in construction and started out in a like manner, that's why I asked the question earlier about his family relationships.
Does anyone know if a reason came out for the Bona Dea assault? Evidently there was reason to incarcerate him for six years; a pretty hefty penalty IMO for battery.
Thanks and ALLMO,
R
lorettalockhorn
09-20-2008, 11:18 AM
R, the original charge after the Bona Dea attack was attempted murder, presumably because Dunn told the victim that he would kill her. (There may have been other reason(s), but the newspaper articles are sketchy.) The jury rejected the attempted murder charge and found him guilty of the battery charge.
The R
09-20-2008, 11:28 AM
R, the original charge after the Bona Dea attack was attempted murder, presumably because Dunn told the victim that he would kill her. (There may have been other reason(s), but the newspaper articles are sketchy.) The jury rejected the attempted murder charge and found him guilty of the battery charge.
Hey thanks Loretta, too bad info is sketchy here. I'd like to know what reason - if any - was given by the defendant or the defense. It'd be interesting. Also very interesting on the gag order. Evidently this fella has 'issues.' I imagine in the Bona Dea case that battery was much easier to convict on than attempted murder. I've heard attempted murder is harder to prove/convict on; it stands to reason that in battery you have the physical evidence, while in attempted murder you're talking intent. And maybe the battery he was charged with carried a stiffer sentence?
Perhaps if some of Dunn's folks/friends read here they can provide an objective reason for the Bona Dea incident?
ALLMO,
R
The R
09-20-2008, 11:36 AM
Hey R, do you think GD took a stick with him to Bona Dea rather than just grabbed one up as a weapon of opportunity?Haven't heard anything about him and his mother; nothing since The Atkins Chronicle pathetic (and condescending) article/letter to the editor last week.
This was in The Courier this morning in the Letters to the editor section:
You do the crime...
How is it that someone who is convicted of second degree battery in 2003 and sentenced to six years, is let out soon enough to have killed poor Nona in December 2005. If this is true, shame on our justice system for failing both of these young women! Some thing should be done to change the fact that someone can commit this type of crime and get out early. We need to look at all of our Judges and Law makers this election and make a few changes if this is the resul of them holding their positions. I do not want to see another young person hurt or killed by someone who should be serving the time they were given, and made to serve it.
Janet Lynn Carey
Russellvillle
Don't know if the errors were the author's or The Courier's; at least The Courier didn't make any snotty comments about spelling and punctuation.
And interesting that this woman doesn't fault the jury for not finding GD guilty of attempted murder in this case. Or doesn't say so.
yes, or found it before he decided to sit on the bench and wait on his victim. Can you imagine? Out for a run in the park and look back to see a guy chasing you with a stick? Must've been like the worst nightmare the poor woman could've had. At least she wasn't a cooperative victim, she fought back....good for her.....too bad she didn't permanently damage his equipment.
ALLMO,
R
lorettalockhorn
09-22-2008, 09:13 AM
Reminder of Dunn's upcoming court appearance and Kevin's latest arrest (that we know of):
http://www.kfsm.com/Global/story.asp?S=9048671
The R
09-22-2008, 09:38 AM
Reminder of Dunn's upcoming court appearance and Kevin's latest arrest (that we know of):
http://www.kfsm.com/Global/story.asp?S=9048671
thanks for the link!
I guess I haven't been around long enough, but I thought a judge usually issued a gag order? I didn't know a prosecutor could.
On KJ's arrest, I wonder if he was doing his 2 pitcher trick? That's a really neat one, maybe if he gains enough notoriety he could do a drinkin' show and go on the road....you know, like Wild Bill Hickok's Wild West Show?
Drink up y'all!
:beer:
ALLMO,
R
The R
09-22-2008, 09:40 AM
:no:
Sorry for being O/T BTW!
I'll go to the other thread the next time KJ's name comes up!
R
lorettalockhorn
09-22-2008, 09:43 AM
thanks for the link!
I guess I haven't been around long enough, but I thought a judge usually issued a gag order? I didn't know a prosecutor could.
On KJ's arrest, I wonder if he was doing his 2 pitcher trick? That's a really neat one, maybe if he gains enough notoriety he could do a drinkin' show and go on the road....you know, like Wild Bill Hickok's Wild West Show?
Drink up y'all!
:beer:
ALLMO,
R
When I heard that on the news the other night, I thought I was hearing things. Maybe Special Prosecutors are really, really special? :shrug:
FDInLaw
09-22-2008, 12:41 PM
Dunn pleaded "not guilty" this morning and a trial date was set for April 13th (I believe). We can expect this date to change though. No doubt a change of venue will be requested.
lorettalockhorn
09-22-2008, 10:57 PM
http://arkansasmatters.com/content/fulltext/news/?cid=117251
http://www.fox16.com/news/local/story.aspx?content_id=f916ac48-f7f4-4eaf-9798-9ceeb50e8913
http://www.kfsm.com/Global/story.asp?S=9048671
Note: KFSM said at 5pm that it was assumed (or presumed) that Dunn has a court appointed attorney.
FDInLaw
09-23-2008, 07:41 AM
http://arkansasmatters.com/content/fulltext/news/?cid=117251
http://www.fox16.com/news/local/story.aspx?content_id=f916ac48-f7f4-4eaf-9798-9ceeb50e8913
http://www.kfsm.com/Global/story.asp?S=9048671
Note: KFSM said at 5pm that it was assumed (or presumed) that Dunn has a court appointed attorney.
Gary Dunn will now go to trial in April for the murder of Nona Dirksmeyer.
Dunn pleaded not guilty to the charge Monday morning.
>snip<
Dunn lived in the same apartment complex as Dirksmeyer when she was murdered in December of 2005. He was convicted of battery for an attack on a jogger in 2003.
A judge has now issued a gag order in the case.
From the first link
lorettalockhorn
09-23-2008, 09:42 AM
From today's Courier:
Murder suspect pleads not guilty
Public Defender Commission appoints Little Rock lawyer to represent man accused in 2005 Dirksmeyer murder
By Adam Franks
crime@couriernews.com
The Dover man suspected of killing Arkansas Tech University student Nona Dirksmeyer pleaded not guilty to charges of capital murder at a hearing Monday morning in Pope County Circuit Court.
Gary W. Dunn, 29, is accused in the Dec. 15, 2005, slaying of Dirksmeyer at her home on South Inglewood Avenue in Russellville. Dunn was arrested in August near Center Ridge in Conway County, and is being held on a $1 million cash-only bond at the Pope County Detention Center
Dunn is scheduled to stand trial April 13-24, 2009.
The state Public Defender Commission, which was appointed to represent Dunn, hired two Little Rock attorneys to handle what 5th Judicial District Chief Public Defender James Dunham called a logistically challenging case.
"If I were to handle this case, it would have a huge impact on the criminal docket I handle; it would be almost impossible," Dunham said. "The commission appoints attorneys to be conflict lawyers when there are logistical issues."
Dunham said the appointments of Jeff Rosenzweig and Bill James to Dunn's case was not an uncommon practice, and siad both attorneys have worked in the area.
"Jeff Rosenzweig is highly experienced in the kind of case,m which involves 8th Amendment - death penalty - considerations," Dunham said.
"Bill James is very experienced and up here often, so he's not unfamiliar with the courts in this area."
Rosenzweig is listed in the Bar Register of Preeminent Lawyers in criminal trial practice, civil rights, appellate practice and white collar crime,, according to Lawyers.com, an Internet listing of legal resources and attorney profiles.
Dunham said adept representation would help expedite the judicial process of a capital murder case, and called the appointment the "intelligent thing to do."
Background
Dirksmeyer, a 2004 graduate of Dover High School, was the reigning Miss Petit Jean Valley at the time of her death.
Kevin N. Jones of Dover, Dirksmeyer's boyfriend and the first man charged in the death, was acquitted by a Franklin County jury July 19, 2007.
At Jones' trial, Jones' mothers, Janice Jones, testified she, Jones and Ryan Whiteside, a friend of Jones' and a pizza delivery man who Jones told police he asked to check on Dirksmeyer after he was unable to reach her, discovered Dirksmeyer's body.
Jack McQuary, a special prosecutor appointed to the case following Jones' acquittal, released information at the time of Dunn's arrest that indicated DA found on a condomn wrapper near Dirksmeyer's body was matched to both Dunn and Dirksmeyer.
Investigators have also confirmed Dunn, who was previously convicted of second-degree battery after he attacked a woman with a large stick at Bona Dea Trails, lived in the same apartment complex as Dirksmeyer at the time of her death.
FDInLaw
09-23-2008, 10:10 AM
Thanks for posting this, Loretta! Do we know anything about Rosenzweig and James???
FDInLaw
09-23-2008, 10:14 AM
Jeff Rosenzweig practices in the following areas of law:
Criminal Trials and Appeals, White Collar Crime, Post-Conviction, Death Penalty, Drug Crimes, Civil Rights, Legal Ethics.
Firm Profile:
Mr. Rosenzweig is listed in the Bar Register of Preeminent Lawyers in Criminal Trial Practice, Civil Rights, Appellate Practice and White Collar Crime.
Firm Size: 1
Jeff Rosenzweig (Member) born New Orleans, Louisiana, September 29, 1952; admitted to bar, 1977, Arkansas; 1978, U.S. District Court, Eastern and Western Districts of Arkansas; 1985, U.S. Court of Appeals, Eighth Circuit and U.S. Supreme Court. Education: Princeton University (A.B., 1974); Southern Methodist University (J.D., 1977). Listed in: Best Lawyers in America, 2005-2006. Author, "The Crisis in Indigent Defense: An Arkansas Commentary," 44 Arkansas Law Review 409, 1991. Adjunct Faculty Member, University of Arkansas at Little Rock School of Law, 1991-1995. Member, Arkansas Supreme Court Committee on Criminal Practice, 1997-2003. Chairman, Arkansas Capital Resource Center, 1994-1997. Member: Arkansas Bar Association (Chair, Criminal Law Section, 1991-1992; Member, House of Delegates, 1990-1994); Arkansas Association of Criminal Defense Lawyers (President, 1989-1991; Board Member, 1999-2005); National Association of Criminal Defense Lawyers (Co-Chair, Habeas Corpus Committee, 1989-1990). Reported Cases: Duncan v. State, 726 S.W.2d 653 (1987), 831 S.W.2d 115 (1992); Pickens v. State, 730 S.W.2d 230 (1987); Clayborn v. State, 647 S.W.2d 433 (1983); Atkinson v. Lofton, 842 S.W. 425 (1992); Reeves v. State, 339 Ark. 304, 5 S.W.3d 41 (1999); Stte v. Robbins, 339 Ark. 379, 5 S.W.3d 51 (1999); Allen v. Rutledge, 355 Ark. 392, 139 S.W. 3e 491 (2003); Sanders v. State, 352 Ark. 16, 98 S.W.3d 35 (2003). Practice Areas: Criminal Law; Criminal Appeals; White Collar Crime; Death Penalty; Drug Crimes; Civil Rights; Legal Ethics.
http://www.lawyers.com/Arkansas/Little-Rock/Jeff-Rosenzweig-67192-f.html
odette
09-23-2008, 10:15 AM
Link » Suspect pleads innocent in slaying (http://www.nwanews.com/adg/News/238169/)
TJEddie
09-23-2008, 03:22 PM
http://www.todaysthv.com/news/local/story.aspx?storyid=72918&catid=2
Some interesting comments below the article. Of course you can't believe everything you read on the internet.
FDInLaw
09-23-2008, 05:21 PM
http://www.todaysthv.com/news/local/story.aspx?storyid=72918&catid=2
Some interesting comments below the article. Of course you can't believe everything you read on the internet.
Another note worthy comment:
run4evr wrote:
I was the jogger INNOCENTLY attacked at the Bona Dea Trails. It is mind blowing and sickening to know that due to gary's early release; he was able to commit such a horrifying crime against another female. He is a sick and deeply twisted MONSTER who intended to take my life that day. Thankfully God gave me the will and strength to escape. Nona was not so lucky.
To Nona's family: I am so, so sorry and my prayers are with you always. To Gary: You will get yours when you leave this Earth!!
9/21/2008 5:15 PM CDT on TodaysTHV.com
http://www.todaysthv.com/news/local/story.aspx?src=nletter-news&storyid=71344&catid=93#comments
odette
09-24-2008, 09:46 AM
Link -- New prosecutor says boyfriend rightly cleared (http://www.nwanews.com/adg/News/235428/)
upallnight
09-24-2008, 05:14 PM
I just wonder if this rape suspect was ever found. I wonder if they was able to obtain DNA in this case and if they have found a match to that DNA. Happened June 13 2008. I know I posted this before but still wonder if anyone knows any more information on this case. Nothing was reported that I have seen on the condition of the victim when she was taken to St. Mary's other than the rape. (That is bad and sad enough) but wonder if she was beat up or cut up etc.
Story Date: Friday, June 20, 2008
RPD seeking rape suspect
Story date: June 20, 2008
Man believed to be 25-35 years old with tall, slender build
By Adam Franks (crime@couriernews.com)
Reporter
Investigators with the Russellville Police Department are seeking a man for questioning in connection with an alleged forcible RAPE reported June 13.
Russellville Police Department spokesperson Joshua McMillian said the suspect is believed to be between the ages of 25-35, weighing between 125-150 pounds with a tall, slender build.
McMillian said the alleged incident, in connection with which officers responded to the emergency room at Saint Mary’s Regional Medical Center, occurred sometime before 1 p.m. June 13 at a residence on East N Street.
No forced entry was apparent, McMillian said.
Anyone with information on the suspect or his whereabouts should contact the Russellville Police Department at 968-3232 or the Silent Partner Tip Line at 967-2221. All information will remain confidential.
FDInLaw
09-24-2008, 05:42 PM
I just wonder if this rape suspect was ever found. I wonder if they was able to obtain DNA in this case and if they have found a match to that DNA. Happened June 13 2008. I know I posted this before but still wonder if anyone knows any more information on this case. Nothing was reported that I have seen on the condition of the victim when she was taken to St. Mary's other than the rape. (That is bad and sad enough) but wonder if she was beat up or cut up etc.
Story Date: Friday, June 20, 2008
RPD seeking rape suspect
Story date: June 20, 2008
Man believed to be 25-35 years old with tall, slender build
By Adam Franks (crime@couriernews.com)
Reporter
Investigators with the Russellville Police Department are seeking a man for questioning in connection with an alleged forcible RAPE reported June 13.
Russellville Police Department spokesperson Joshua McMillian said the suspect is believed to be between the ages of 25-35, weighing between 125-150 pounds with a tall, slender build.
McMillian said the alleged incident, in connection with which officers responded to the emergency room at Saint Mary’s Regional Medical Center, occurred sometime before 1 p.m. June 13 at a residence on East N Street.
No forced entry was apparent, McMillian said.
Anyone with information on the suspect or his whereabouts should contact the Russellville Police Department at 968-3232 or the Silent Partner Tip Line at 967-2221. All information will remain confidential.Excellent question!
SaraSidle
09-24-2008, 10:30 PM
Excellent question!
ITA that is a very excellent question upallnight imo
lorettalockhorn
09-25-2008, 10:55 AM
Agree with you all; wish The Courier would follow up on important stories about violent crime in our area.
From yesterday's Atkins Chronicle:
Dunn pleads not guilty
Gary William Dunn, pleaded not guilty before District Circuit Judge James Kennedy early Monday morning. Dunn is accused of capital murder for the death of Nona Dirksmeyer.
Dunn's court-appointed defense attorneys, Jeff Rosensweig and Bill James of Little Rock, asked the courts to implement the gag order, preventing attorneys and law enforcement agencies from discussing the case with members of the press. Kennedy also told those who may be called as witnesses in the case that they, too, must adhere to the order.
Defense attorneys asked for Martha Dunn's sworn testimony in a deposition. Dunn is fighting cancer. Special Prosecutor Jack McQuary, asked to waive the doctor/patient relationship in order to make the outcome of the records known to the courts. Martha Dunn will give her deposition on October 10.
A date for Gary William Dunn's trial was set for April 13-24, 2009. Dunn remains in the Pope County Detention Center. Bail was set earlier at one million dollars.
http://admin.iadsnetwork.com/images/pdf/pdfs/25045.pdf
Note: No clue who wrote this article, but the misplaced punctuation is The Chronicle's, not mine. I thought GD's mother's name was Chenoweth? Can anyone who understands these things help me understand the medical waiver that McQuary requested? Outcome of the records? Was this waiver granted? Is nothing sacred?
FDInLaw
09-25-2008, 11:25 AM
run4evr wrote:
Kelly McCormick was my name when it happened so you can take your liar comment back Twinkles99. I knew nothing about Gary prior to the incident!! I had moved to russellville in 02 and at the time of the attack I was engaged to be married to a man I met in Feb of 03. I am from PA for 18 years and spent the rest of my time in VA before moving to AR for a job. For the record, I didnt say he committed the crime against Nona, I said he was fully capable of such an act given the nature of his violence against me that day. I have no doubt that he would have killed me had I not gotten away. I was petite but a weight lifter so my feeling is he underestimated my strength. Whatever the case I hope the right person gets punished!!
9/24/2008 7:38 PM CDT on TodaysTHV.com
http://www.todaysthv.com/news/local/story.aspx?storyid=72918&catid=2
TJEddie
09-25-2008, 12:47 PM
Can anyone who understands these things help me understand the medical waiver that McQuary requested? Outcome of the records? Was this waiver granted? Is nothing sacred?
http://www.enotes.com/everyday-law-encyclopedia/doctor-patient-confidentiality#waiver-confidentiality-privilege
From my layman's reading, it sounds like a person implicitly waives doctor/patient privilege/confidentiality if he or she makes a medical condition part of his or her testimony in a lawsuit. Maybe that's what it's about?
hawgustusgloop
09-25-2008, 12:52 PM
Maybe they want to have documentation about her health as to whether or not she could testify at the trial?
SaraSidle
09-25-2008, 01:42 PM
Maybe they want to have documentation about her health as to whether or not she could testify at the trial?
I saw it as Gary's doctor being able to testify on Gary's behalf due to his cancer so the jury/judge would have some sympathy. IMO
lorettalockhorn
09-25-2008, 02:14 PM
http://www.enotes.com/everyday-law-encyclopedia/doctor-patient-confidentiality#waiver-confidentiality-privilege
From my layman's reading, it sounds like a person implicitly waives doctor/patient privilege/confidentiality if he or she makes a medical condition part of his or her testimony in a lawsuit. Maybe that's what it's about?
Thanks for finding that TJE! Still not sure what the heck "outcomes of the record" is/was. It makes sense that Mrs. Chenoweth's medical status may well be part of her testimony and recollection of the events.
Honestly, if The Chronicle isn't going to take the same care writing articles about the new investigation and the new trial as they did with KJ's involvement, they ought to just hang it up. In my humble, but short-tempered, contrary and curmudgeonly opinion; hence referred to as IMHBSCCO.
lorettalockhorn
09-25-2008, 02:29 PM
I saw it as Gary's doctor being able to testify on Gary's behalf due to his cancer so the jury/judge would have some sympathy. IMO
WAIT! GD has cancer too?
hawgustusgloop
09-25-2008, 03:11 PM
I saw it as Gary's doctor being able to testify on Gary's behalf due to his cancer so the jury/judge would have some sympathy. IMO
It was requested by the prosecutor according to the article...I don't think McQuary is wanting to get any sympathy for Gary Dunn.
SaraSidle
09-25-2008, 04:28 PM
WAIT! GD has cancer too?
Loretta you must think I am an airhead. it says Dunn has cancer and I made the assumption that it was GD not MD. please forgive me. Caylee case is corrupting my thinking along with old age.
upallnight
09-25-2008, 10:55 PM
Loretta you must think I am an airhead. it says Dunn has cancer and I made the assumption that it was GD not MD. please forgive me. Caylee case is corrupting my thinking along with old age.
We Love You Sara! L cracks me up, love her to! I know the Caylee case is so very sad. :rose: She is in my prayers.
SaraSidle
09-25-2008, 11:05 PM
We Love You Sara! L cracks me up, love her to! I know the Caylee case is so very sad. :rose: She is in my prayers.
Thanks upallnight. I try very hard not to look at threads involving kids and animals but now I am so caught up with this it is making me crazy. I keep thinking I am going crazy cause there is something new every day. I hope it ends soon.............Sara.
lorettalockhorn
09-26-2008, 12:02 PM
Loretta you must think I am an airhead. it says Dunn has cancer and I made the assumption that it was GD not MD. please forgive me. Caylee case is corrupting my thinking along with old age.
Airhead? No WAY! It's been stressful around here lately, and I discovered while doing a lot of extra driving, that I've turned into one of those little old ladies who means to turn on the blinker and hits the OnStar button instead. :eek:
I was worried that I had missed something here. And agree; the Caylee case is surreal.
SaraSidle
09-26-2008, 01:22 PM
Airhead? No WAY! It's been stressful around here lately, and I discovered while doing a lot of extra driving, that I've turned into one of those little old ladies who means to turn on the blinker and hits the OnStar button instead. :eek:
I was worried that I had missed something here. And agree; the Caylee case is surreal.
Thanks Loretta. It is surreal and I wish I wasn't so involved. I am so very interested in Tara and Nona and got sidetracked. I know what you mean about being a little old lady and I want it to stop. LOL
FDInLaw
09-26-2008, 03:04 PM
Airhead? If anyone is an airhead it's the reporter!
HUGGERS! :)
upallnight
09-26-2008, 10:32 PM
Thanks upallnight. I try very hard not to look at threads involving kids and animals but now I am so caught up with this it is making me crazy. I keep thinking I am going crazy cause there is something new every day. I hope it ends soon.............Sara.
Anytime friend. I so agree, to many evil, evil beings in this world. Some are just down right cowards/monsters IMO. So many left behind to have to go on without loved ones. It just is not fair and so very sad. I pray it ends soon also. I don't like people being sad and hurting over such terrible things. My heart goes out to them all! :seeya:
upallnight
09-26-2008, 10:36 PM
Airhead? If anyone is an airhead it's the reporter!
HUGGERS! :)
Thats for sure! Hope everyone has a safe and happy weekend. May God Bless You And Yours And Keep You All Safe. :rose:
SaraSidle
09-26-2008, 11:56 PM
Airhead? If anyone is an airhead it's the reporter!
HUGGERS! :)
Thanks FDInLaw. that is nice of you. I needed it!!!!!!!!!:rose:
SaraSidle
09-26-2008, 11:58 PM
Thats for sure! Hope everyone has a safe and happy weekend. May God Bless You And Yours And Keep You All Safe. :rose:
You too. Upallnight. My brother and my nephew are coming to visit tomorrow and I cleaned all day. I am so excited. I have not seen them for a year!!!!!!!!!!!!:)
The R
10-08-2008, 09:37 AM
any updates? any recent local stories??
R
FDInLaw
10-08-2008, 11:27 AM
any updates? any recent local stories??
RWith a gag order in place and a lengthy wait for trial, I suspect things will stay pretty quiet. We may have a few spells of mild excitement, but everyday chat will wane. Been here, done this.
This is a good time for newbies to get caught up to date. Questions are always welcome.
:seeya:
The R
10-08-2008, 03:43 PM
OK then let me ask a question......
how many of you would be disappointed if a plea agreement was reached before a trial verdict? What's the likelihood of that?
Thanks.
ALLMO,
R
lorettalockhorn
10-08-2008, 05:11 PM
Hey y'all!
Great question R. I would love to see Carol and Nona's family spared the ordeal of a trial. But I also want to see these charges proven. With Dunn's history and the Bona Dea attack seemingly so similar to the way Nona was disabled, it seems like a conviction should be a slam dunk. But for some reason it all seems so circumstantial, so surreal, so convenient for him to have been indicted. I guess if Dunn pleads guilty, we have to assume that he's guilty and feels sincere remorse (either for Nona's death or fear for his own fate).
Apologies in advance to anyone who finds my skepticism offensive; I wouldn't want to hurt Nona's people for any reason, and I generally support law enforcement and The State.
(Maybe when we get some more details, I'll feel more vengeful.)
jeremiads
10-08-2008, 07:12 PM
how many of you would be disappointed if a plea agreement was reached before a trial verdict? What's the likelihood of that?
RWon't happen. If they had enough real solid evidence on this guy, he would have been picked out much easier the first time and they wouldn't have gone into the silence they are now while not saying anything of substance before.
FDInLaw
10-08-2008, 08:52 PM
Won't happen. If they had enough real solid evidence on this guy, he would have been picked out much easier the first time and they wouldn't have gone into the silence they are now while not saying anything of substance before.
Keep in mind that there is a gag order in place.
jeremiads
10-08-2008, 09:21 PM
Keep in mind that there is a gag order in place.Yeah, that's the silence I referenced.
It's not like they are worrying about a team of lawyers behind him gaming the system and media.
SaraSidle
10-08-2008, 10:26 PM
Yeah, that's the silence I referenced.
It's not like they are worrying about a team of lawyers behind him gaming the system and media.
Seems the way a lot of cases are going!!!!!!!!! IMO
The R
10-09-2008, 11:36 PM
Hey y'all!
Great question R. I would love to see Carol and Nona's family spared the ordeal of a trial. But I also want to see these charges proven. With Dunn's history and the Bona Dea attack seemingly so similar to the way Nona was disabled, it seems like a conviction should be a slam dunk. But for some reason it all seems so circumstantial, so surreal, so convenient for him to have been indicted. I guess if Dunn pleads guilty, we have to assume that he's guilty and feels sincere remorse (either for Nona's death or fear for his own fate).
Apologies in advance to anyone who finds my skepticism offensive; I wouldn't want to hurt Nona's people for any reason, and I generally support law enforcement and The State.
(Maybe when we get some more details, I'll feel more vengeful.)
Hey Thanks Loretta!
ITA it would be nice to spare family menbers that ordeal.
One other reason for a plea would be (I think you referred to that) avoiding the DP. It could happen.
ALLMO,
R
The R
10-09-2008, 11:38 PM
Won't happen. If they had enough real solid evidence on this guy, he would have been picked out much easier the first time and they wouldn't have gone into the silence they are now while not saying anything of substance before.
I see your point but stranger things have happened.
ALLMO,
R
SaraSidle
10-09-2008, 11:46 PM
I see your point but stranger things have happened.
ALLMO,
R
Clean out your pms. you are full and I tried to tell you about 320
The R
10-09-2008, 11:49 PM
Clean out your pms. you are full and I tried to tell you about 320
I just did...please re-send? :)
Thanks,
R
sololobo
10-10-2008, 06:37 AM
OK then let me ask a question......
how many of you would be disappointed if a plea agreement was reached before a trial verdict? What's the likelihood of that?
Thanks.
ALLMO,
R
There was no plea bargain in the Bona Dea trial. Both sides would have to agree to a plea bargain. The prosection may not want a plea bargain.
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