GUILTY IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

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Looks like they were able to get Porter in for his depo; the hearing dates remain the same.

03/02/2021 = Service Returned Served (E-Filing)
PORTER TRIAL SUB with return of service.pdf
Filed By: State of Indiana
File Stamp: 03/02/2021

03/02/2021 =Service Returned Served (E-Filing)
PORTER DEPO SUB with return of service.pdf
Filed By: State of Indiana
File Stamp: 03/02/2021

*************************
Murz (Wondering what this is?)

03/01/2021 = Document Filed
Waiver executed by Defendant filed.
Filed By: MURZYNSKI, MATTHEW A.P.
File Stamp: 02/28/2021
 
They're getting a witness lined up but they don't say which one:

03/05/2021 = Petition Filed
State's Petition for Issuance of Order Commanding Release and Transport of Witness filed.
Filed By: State of Indiana
File Stamp:03/04/2021

03/05/2021 = Order Issued
Order Commanding Temporary Release and Transporation of Witness entered. cj
Order Signed: 03/05/2021
 
Murz:
20C01-1912-F2-000043
The waiver he filed on 3/01 was not added to his other two cases.
All three of his cases still have the same hearing dates: 3/11 and 3/25

20C01-1911-F5-000274 = Domestic Battery, 4/19 Jury Trial
20C01-1910-CM-001745 = Driving While Susp., 4/19 Bench Trial
 
Thursday, March 11th:
*Status Conference Hearing (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19/now 20) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21
Court info from 12/19/19 thru 1/20/21 reference post #208 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
1/28/21 Update: Notice of cancellations of depos commenced & concluded. State of IND in court by prosecuting attorney Vicki Becker & DPA Don Pitzer. Defendant in court in person by Webex from the Elkhart County Corr. Fac. & by Thomas Dixon, his attorney by Webex. Judicial officer Michael Christofeno Next status conference hearing on 2/25/21 @ 8:30am via Webex. And Trial status conference hearing on 3/25/21 @ 8:30am. Trial still on for 4/19/21 @ 8:30am.
2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 3/2/21: Porter’s depo was taken. 3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued.
*Matthew A.P. Murzynski (24/now 25) – Status conference hearing for all charges on 3/11/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.
*Donald R. Owen, Jr. (20/now 22) – Status conferencing hearing on 3/11/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21. Also Hearing on Violation of probation on 3/25/21.
 
Thursday, March 11th:
*Status Conference Hearing (re murder & violation of probation) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Donald R. Owen, Jr. (20/now 22) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21
Kimberly info & court info from 12/19/19 thru 10/22/20 reference post #209 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
1/28/21 Update: Cause for status conference hearing. State of IN in court by prosecuting attorney Vicki Becker & DPA Don Pitzer. Defendant in court in person by Webex from Elkhart County Correctional Fac. & by Chief PD Jeffrey Majerek & DPD Fay Schwarts both by Webex & Judicial officer Michael Christofeno. Status conference was held & court resets this cause for further status conference on 2/25/21 @ 8:30am by Webex. And trial status conference hearing on 3/25/21 @ 8:30am, with trial still on for 4/19/21.
2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 3/2/21: Porter’s depo was taken. 3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued. 3/9/21: Subpoena/Summons filed.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 3/11/21. Trial status conference hearing on 3/25/21. Trial to begin on 4/19/21.
*Matthew A.P. Murzynski (24/now 25) – Status conference hearing for all charges on 3/11/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.
 
Thursday, March 11th:
*Status Conference Hearing (on all charges) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Matthew A.P. Murzynski (24/now 25) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond.
*Charged (5/4/20) with domestic battery by means of a deadly weapon.
*Charged with driving while suspended, knowing violation & prior conviction w/in 10 years.
Trial set to begin on 4/19/21 & Bench trial for driving while suspended on 4/19/21.
Court info from 12/19/19 thru 1/25/21 reference post #210 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
1/28/21 Update: Murder: Cause comes on for status conference. State of IN in court by prosecuting attorney Vicki Becker & DPA Don Pitzer. Defendant in court in person by Webex from the Elkhart County Corr. Fac & by DPD Christopher Petersen by Webex, Judicial officer Michael Christofeno. Status conference was held; court resets this cause for further status conference on 2/25/21 @ 8:30am by Webex. Trial status conference hearing on 3/25/21 @ 8:30am & trial still on 4/19/21 @ 8:30am. 1/28/21 Update: Domestic Battery: Cause comes on for status conference. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker & DPA Don E. Pitzer. Defendant in court in person by Webex from the Elkhart County Correctional Facility & by DPD Christopher J. Petersen, by Webex. Status conference is held; Court resets this cause for further status conference Feb. 25, 2021 at 8:30am by Webex. Also status conference hearing on 3/25/21 @ 8:30am & jury trial on 4/19/21. 1/28/21 Update: Driving suspended: Cause comes on for status conference. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker & DPA Don E. Pitzer. Defendant in court in person by Webex from the Elkhart County Correctional Facility & by DPD Christopher J. Petersen, by Webex. Status conference is held; Court resets this cause for further status conference 2/25/21 @ 8:30am by Webex. And status hearing on 3/25/21 @ 8:30am & Bench trial on 4/19/21.
2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 3/2/21: Porter’s depo was taken. 3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued.
*Donald R. Owen, Jr. (20/now 22) - Hearing on Violation of probation on 3/11/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 3/11/21. Trial status conference hearing on 3/25/21. Trial to begin on 4/19/21.
 
This hearing came first today. The attorneys are mostly ready to go to trial.
Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial and prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial.
Owen's team is working on mitigation.
The next court date is March 18.
 
The next hearing is for all of them; the judge usually schedules at 8:30 but I haven't figured the order in which he hears the cases. The ones who are in jail are usually grouped together... often it depends on the attorney's schedules.

It's a status hearing. Since they are getting close to the trial, he's scheduling them closer together. He said it's better to have too many than not enough. Dixon is Angulo's attorney and he is handling the case by himself, so his schedule is the most important; the other two both have 2 attorneys. Dixon is the one who has expressed the most concern over Porter being a no-show, which leads me to think his testimony might be beneficial to Angulo.

The judge is still talking about Covid being a problem and I think he's going to continue to live stream these cases.
 
Thursday, March 18th:
*Status Conference Hearing (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19/now 20) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21.
Court info from 12/19/19 thru 3/2/21 reference post #226 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued. Next status conference hearing on 3/11/21. 3/11/21 Update: The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
*Matthew A.P. Murzynski (24/now 25) – Status conference hearing for all charges on 3/18/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.
*Donald R. Owen, Jr. (20/now 22) – Status conferencing hearing on 3/18/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21. Also Hearing on Violation of probation on 3/25/21.

ALSO:
*Status Conference Hearing (re murder & violation of probation) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Donald R. Owen, Jr. (20/now 22) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21
Kimberly info & court info from 12/19/19 thru 2/25/21 reference post #227 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued. 3/9/21: Subpoena/Summons filed. Next status conference hearing on all charges on 3/11/21. 3/11/21 Update; The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 3/18/21. Trial status conference hearing on 3/25/21. Trial to begin on 4/19/21.
*Matthew A.P. Murzynski (24/now 25) – Status conference hearing for all charges on 3/18/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.

ALSO:
*Status Conference Hearing (on all charges) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Matthew A.P. Murzynski (24/now 25) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond.
*Charged (5/4/20) with domestic battery by means of a deadly weapon. *Charged with driving while suspended, knowing violation & prior conviction w/in 10 years.
Trial set to begin on 4/19/21 & Bench trial for driving while suspended on 4/19/21.
Court info from 12/19/19 thru 2/25/21 reference post #228 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 2/25/21 Update: Hearing was held. Next status conference hearing on 3/11/21. Lowery’s depo will be taken on 2/26/21. Porter has finally been located & will have his depo done before next hearing. 3/2/21: Porter’s depo was taken. 3/5/21: State's petition for issuance of order commanding release & transport of witness filed & order issued.
3/11/21 Update: The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
*Donald R. Owen, Jr. (20/now 22) - Hearing on Violation of probation on 3/18/21. Trial status conference hearing on 3/25/21. Trial begins on 4/19/21.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 3/18/21. Trial status conference hearing on 3/25/21. Trial to begin on 4/19/21.
 
I shall be out from Wed. 3/24 thru Friday, 3/26 for surgery on my left carotid artery (this time) - so am posting this now. I'll be back home - hopefully - on Saturday.

Thursday, March 25th:
*Trial Status Conference Hearing (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19/now 20) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21 @ 8:30a
Court info from 12/19/19 thru 3/5/21 reference post #233 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/11/21 Update: The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
3/18/21 Update: Next status hearing on 3/25/21.

ALSO:
*Trial Status Conference Hearing (re murder & violation of probation) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Donald R. Owen, Jr. (20/now 22) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21 @ 8:30am
Kimberly info & court info from 12/19/19 thru 3/5/21 reference post #233 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/11/21 Update; The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
3/18/21 Update: Next status hearing on 3/25/21.

ALSO:
*Trial Status Conference Hearing (on all charges) (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Matthew A.P. Murzynski (24/now 25) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond.
*Charged (5/4/20) with domestic battery by means of a deadly weapon. *Charged with driving while suspended, knowing violation & prior conviction w/in 10 years.
Trial set to begin on 4/19/21 & Bench trial for driving while suspended on 4/19/21.
Court info from 12/19/19 thru 3/5/21 reference post #233 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/11/21 Update: The attorneys are mostly ready to go to trial. Porter is in Elkhart today so to give his depo tomorrow. There was some discussion about letting him go back to LaGrange after he's done. He has a bond there. The concern was that he would not appear in court for the trial & prosecution thought the depo alone would be ok if he didn't come to court. The judge made it very, very clear that prosecution needed to make sure those 2 witnesses showed up. Judge Christofeno reminded her that sometimes what a witness says in depo is different from what they say in trial. Owen's team is working on mitigation. The next status hearing on 3/18/21.
3/18/21 Update: Next status hearing on 3/25/21.
 
New entries; I think they are all the same for each one but I'll double check.

EDIT: this is for Murz; the other 2 are slightly different.

03/19/2021 = Report Filed
State s Notice of Intent to Offer I.R.E. 404 (B) Evidence filed.
Filed By: State of Indiana
File Stamp: 03/19/2021

03/19/2021 = Request for Search Warrant
Affidavit for Search Warrant filed.
Party: State of Indiana
File Stamp: 03/19/2021

03/19/2021Notice of Exclusion of Confidential Information
MURZYNSKI AR 5 NOTICE.pdf
Filed By: State of Indiana
File Stamp: 03/19/2021

03/19/2021 = Motion for Evidence Rule 404(b) Disclosure
State's Notice of Intent to Offer I.R.E. 404 (B) Evidence filed.
Filed By: State of Indiana
File Stamp: 03/19/2021

03/22/2021 = Order Granting Request for Search Warrant
Search Warrant issued. cj
Order Signed: 03/19/2021

03/25/2021 = Status Conference
Session: 03/25/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Trial Status Conference

04/19/2021 = Jury Trial
 
Last edited:
Owen and Angulo; these only have one entry for the 404 disclosure. Murz has two. The rest of the entries are the same.

03/19/2021 = Motion for Evidence Rule 404(b) Disclosure
State s Notice of Intent to Offer I.R.E. 404 (B) Evidence filed.
Filed By: State of Indiana
File Stamp: 03/19/2021

03/19/2021 = Request for Search Warrant
Affidavit for Search Warrant filed.
Party: State of Indiana
File Stamp: 03/19/2021

03/19/2021 = Notice of Exclusion of Confidential Information
OWEN AR5 NOTICE.pdf
Filed By: State of Indiana
File Stamp: 03/19/2021

03/22/2021 = Order Granting Request for Search Warrant
Search Warrant issued. cj
Order Signed: 03/19/2021

03/25/2021 = Status Conference
Session: 03/25/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Trial Status Conference

04/19/2021 = Jury Trial
 
Evidence Rule 404(b)
Jun 19, 2013 — Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
https://www.in.gov/ipac/files/(4)_P..._404b_--_Cindy_Crispin_and_Jennifer_Haley.pdf
 
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