Found Deceased OK - Mark Chastain - Billy Chastain - Mike Sparks - Alex Stevens - Left A Home on Bicycles - Okmulgee *arrest* #2

[FrostedGlass]

I realize this was filed on Nov 7, but can the statements be ammended afterwards? IMO this lawsuit may be to hold assets of the Kennedys from being liquidated by them as the investigation takes its course?

According to this, the document can be amended. I was just surprised the atty didn't make a phone call to verify his client's claim about the gun instead of stating it as fact. What if Kennedy is not found to be the murderer and all their assets are frozen?

Wrongful death lawsuit filed against person of interest, wife in Okmulgee quadruple murders

Family members of three of the four men who disappeared and were later found killed in a river earlier this month have filed a wrongful death suit against the person

www.fox23.com

Seacat explained that the loved one thought the gun belonged to the deceased. Law enforcement confirmed to Seacat Tuesday that the gun in question does not belong to the deceased and was not sold to the shop by Sandra.
Seacat said he will amend the petition and take out any language about the guns and the pawn shop.

 

[5W's]

According to this, the document can be amended. I was just surprised the atty didn't make a phone call to verify his client's claim about the gun instead of stating it as fact. What if Kennedy is not found to be the murderer and all their assets are frozen?

Wrongful death lawsuit filed against person of interest, wife in Okmulgee quadruple murders

Family members of three of the four men who disappeared and were later found killed in a river earlier this month have filed a wrongful death suit against the person

www.fox23.com

I know I've thought of that too. Well at least it can be ammended and withdrawn. I think it may be a temporary order. But this is the way the law works though. I'm sure the Kennedy's have access to some funds for thier own disposal. So temporarily it may be fine as is. But IMO it can't be sustained in the long run especially if he's not guilty.

 

[Wallendo]

If he goes to trial, his defense lawyer while likely get most of his assets. Depending on specific state law, a trustee will likely be appointed. A similar trust is involved with the Alex Murdaugh case.

What is interesting about this lawsuit is that the lawyer likely has no evidence other than the defendant was accused of being a Person of Interest and his wife behaved strangely..

 

[NoSpoonFeeding]

If he goes to trial, his defense lawyer while likely get most of his assets. Depending on specific state law, a trustee will likely be appointed. A similar trust is involved with the Alex Murdaugh case.

What is interesting about this lawsuit is that the lawyer likely has no evidence other than the defendant was accused of being a Person of Interest and his wife behaved strangely..

The attorney has the ability to get access to a lot of information via the court. Just getting the gas station video and the victim's cell phone records, which the victim's wife has already revealed to LE and MSM, would be substantial.
The attorney will have JK and everyone else deposed, and a civil suit deposition will not afford them the same protections as a criminal court.
The standard of proof is less, remember OJ Simpson being successfully sued for wrongful death?

 

[5W's]

If he goes to trial, his defense lawyer while likely get most of his assets. Depending on specific state law, a trustee will likely be appointed. A similar trust is involved with the Alex Murdaugh case.

What is interesting about this lawsuit is that the lawyer likely has no evidence other than the defendant was accused of being a Person of Interest and his wife behaved strangely..

That's the impression I also got. Thanks for stating it.

 

[Rocky Mountain Hi]

Just noting for anyone not in Oklahoma, Moore is about 2 hours drive away from Okmulgee, near OKC. So JP is not being housed in Okmulgee. Also, I saw another poster wonder about this on this thread, and I have also wondered...
Maybe, just maybe the recent nationwide catalytic converter arrest operation which included many arrests in small towns in Oklahoma, netted information from JP or from this quadruple murder investigation? I can't rule it out, far fetched though it may seem.

I just had a thought. He's being held on $10 million bond. That's an interesting amount for a mere "person of interest".

What if he wasn't the murderer, but was a witness, or may even have been left to clean up after the murder and dispose of the bodies? What if he's a key witness in an incident that could help state and federal authorities nail the catalytic converter theft kingpin? It's possible the bond amount was set so high in order to be beyond the reach of the kingpin, who otherwise could have sprung Kennedy in order to silence him as a witness, or kill him.

Clearly speculation at this point, but it would explain why there's such an extraordinarily high bond amount for someone who hasn't been accused of anything in the case. That's pretty unusual, isn't it?

 

[FrostedGlass]

I just had a thought. He's being held on $10 million bond. That's an interesting amount for a mere "person of interest".

What if he wasn't the murderer, but was a witness, or may even have been left to clean up after the murder and dispose of the bodies? What if he's a key witness in an incident that could help state and federal authorities nail the catalytic converter theft kingpin? It's possible the bond amount was set so high in order to be beyond the reach of the kingpin, who otherwise could have sprung Kennedy in order to silence him as a witness, or kill him.

Clearly speculation at this point, but it would explain why there's such an extraordinarily high bond amount for someone who hasn't been accused of anything in the case. That's pretty unusual, isn't it?

That's interesting; it would help explain this: according to the Motion to Increase Bond, this sealed doc. sets out reasons for the request to increase bond.

OSCN Docket Search

Case No. CF-2012-00028

11-15-2022

TEXT

AFFIDAVIT IN SUPPORT OF MOTION TO INCREASE BOND Document Available (SEALED DOCUMENT)

 

[Rocky Mountain Hi]

That's interesting; it would help explain this: according to the Motion to Increase Bond, this sealed doc. sets out reasons for the request to increase bond.

OSCN Docket Search

Case No. CF-2012-00028

11-15-2022

TEXT

AFFIDAVIT IN SUPPORT OF MOTION TO INCREASE BOND Document Available (SEALED DOCUMENT)

I'm not able to pull up any document or motion. When I put in the case number, I only get a list saying "no documents found".
But here's an article that says, he was being held in Okmulgee on $500,000 bond. So at some point after the article came out (Nov. 13), his bond jumped to a whopping $10 million. Those must have been some pretty interesting reasons for the request to increase the bond.

Joseph Kennedy, person of interest in Okmulgee killings, returned to Oklahoma

Joseph Kennedy, person of interest in Okmulgee killings, returned to Oklahoma

www.oklahoman.com

 

[FrostedGlass]

I'm not able to pull up any document or motion. When I put in the case number, I only get a list saying "no documents found".
But here's an article that says, he was being held in Okmulgee on $500,000 bond. So at some point after the article came out (Nov. 13), his bond jumped to a whopping $10 million. Those must have been some pretty interesting reasons for the request to increase the bond.

Joseph Kennedy, person of interest in Okmulgee killings, returned to Oklahoma

Joseph Kennedy, person of interest in Okmulgee killings, returned to Oklahoma

www.oklahoman.com

I retried the link & case number that I posted and they worked for me so I'm not sure where the problem lies.

The motions regarding the $10 million bond are viewable except for the sealed affidavit in support of it. That was the part that I really found interesting; they don't want anyone to see why they increased it to that much.

 

[Rocky Mountain Hi]

I retried the link & case number that I posted and they worked for me so I'm not sure where the problem lies.

The motions regarding the $10 million bond are viewable except for the sealed affidavit in support of it. That was the part that I really found interesting; they don't want anyone to see why they increased it to that much.

Got it. The State of Oklahoma is who requested an increase in the bond amount. The State is clearly onto something, and has a pressing interest in the case, and in Kennedy.

 

[Valiant]

A previous violent repeat offender who has already fled the state once is a good reason to ask for a higher bond.

 

[FrostedGlass]

A previous violent repeat offender who has already fled the state once is a good reason to ask for a higher bond.

Yes, but why seal the document saying that?

 

[sunshineray]

That's interesting; it would help explain this: according to the Motion to Increase Bond, this sealed doc. sets out reasons for the request to increase bond.

OSCN Docket Search

Case No. CF-2012-00028

11-15-2022

TEXT

AFFIDAVIT IN SUPPORT OF MOTION TO INCREASE BOND Document Available (SEALED DOCUMENT)

I'm so confused by this case. A Person of Interest is arrested in another state for a different crime. That state (FL) says it's not going to prosecute and POI is extradited, with no legal fight, back to OK. They put POI in jail and set a half million bond. No charges are filed. POI then has his bond raised to 10 million AND the murder victims families file a wrongful death civil suit against the incarcerated POI and he's been subpoenaed regarding it. No charges have been filed against the POI...still.

Do I have that all right? Isn't the time limit LE/The State have to charge a POI or release them long since past already?

 

[FrostedGlass]

I'm so confused by this case. A Person of Interest is arrested in another state for a different crime. That state (FL) says it's not going to prosecute and POI is extradited, with no legal fight, back to OK. They put POI in jail and set a half million bond. No charges are filed. POI then has his bond raised to 10 million AND the murder victims families file a wrongful death civil suit against the incarcerated POI and he's been subpoenaed regarding it. No charges have been filed against the POI...still.

Do I have that all right? Isn't the time limit LE/The State have to charge a POI or release them long since past already?

You have that mostly right. He is still on probation for a charge from 2012. When he left the state, he violated that probation and that's what he's currently in jail for. Below are his charges and next court date for that case. The Dec 1 hearing is on the motion to increase the bond. No other charges have been filed by the State at this time. I don't know what's going on regarding the alleged auto theft.

It seems that you're right about the civil suit. The latest: The plaintiffs filed for a continuance on Nov 4, with no objection from the defendants. On Nov 7, Kenney's wife filed a suit that requires an answer from the families sometime within the next few days, depending on how that subpoena was served.

My disclaimer: this is all out of my realm of expertise so I hope someone will make a correction if I'm in error.

Thursday, December 1, 2022 at 1:30PM HEARING DATE RAMIREZ
Monday, May 15, 2023 COMPLETION OF DEFERRED DATE

COUNTS​

1. ASSAULT & BATTERY W/ A DANGEROUS WEAPON-FELONY
2. OBSTRUCTING AN OFFICER-MISD., in violation of 21 OS 540

 

[sunshineray]

You have that mostly right. He is still on probation for a charge from 2012. When he left the state, he violated that probation and that's what he's currently in jail for. Below are his charges and next court date for that case. The Dec 1 hearing is on the motion to increase the bond. No other charges have been filed by the State at this time. I don't know what's going on regarding the alleged auto theft.

It seems that you're right about the civil suit. The latest: The plaintiffs filed for a continuance on Nov 4, with no objection from the defendants. On Nov 7, Kenney's wife filed a suit that requires an answer from the families sometime within the next few days, depending on how that subpoena was served.

My disclaimer: this is all out of my realm of expertise so I hope someone will make a correction if I'm in error.

Thursday, December 1, 2022 at 1:30PM HEARING DATE RAMIREZ
Monday, May 15, 2023 COMPLETION OF DEFERRED DATE

COUNTS​

1. ASSAULT & BATTERY W/ A DANGEROUS WEAPON-FELONY
2. OBSTRUCTING AN OFFICER-MISD., in violation of 21 OS 540

Thank you! That makes sense now as to why he's still being held without being charged with the murders. That's a mighty hefty jump in bail for the charges he does have like the probation violation and auto theft. I sure hope LE has some good evidence in these murders to charge someone. Just horrific for these families </3

 

[Wallendo]

The attorney has the ability to get access to a lot of information via the court. Just getting the gas station video and the victim's cell phone records, which the victim's wife has already revealed to LE and MSM, would be substantial.
The attorney will have JK and everyone else deposed, and a civil suit deposition will not afford them the same protections as a criminal court.
The standard of proof is less, remember OJ Simpson being successfully sued for wrongful death?

A trial lawyer does not have the same authority or power as a prosecutor. He can't arbitrarily cause anyone to give information just because he wants to. Any of his requests for depositions can be challenged by the defense or person being deposed. He cannot force anyone to be deposed and cannot have anyone arrested for refusing to cooperate. He will also have to pay for many of the records he will need. This can be a very expensive process.

Most likely, the lawyer is going to wait for LE to make an arrest before progressing with his case, in the anticipation that the state will make his case for him (and hoping there is money left over after the criminal defense lawyers take their cut). In addition, he has the problem that his client has possibly committed slander in the initial complaint.

OJ testified in his civil case because he was constitutionally protected by the double jeopardy clause so he was not at risk of self-incrimination. JK can "take the fifth".

 

[NoSpoonFeeding]

A trial lawyer does not have the same authority or power as a prosecutor. He can't arbitrarily cause anyone to give information just because he wants to. Any

I disagree with your opinions on civil suits and depositions.
An attorney can ask the court to order anyone and everyone connected to the case to be deposed. As far as "authority" or "power", the criminal prosecutor is restricted to using evidence and testimony that follows criminal court rules, a civil case is much less restricted. An attorney can ask for the same evidence, documents, access to witnesses, etc., that a prosecutor uses.

Civil litigation and the subpoena power | Fergus, A Law Office subpoena-power/
" A subpoena is a court-ordered demand for either one’s appearance in court or the production of documents" "witnesses (snipped) are compelled to appear in court to testify, and if they don’t, then they will face penalties".

OJ testified in his civil case because he was constitutionally protected by the double jeopardy clause so he was not at risk of self-incrimination. JK can "take the fifth".

OJ did not willingly appear for a deposition, he was ordered to appear, by a judge. If you try to plead the fifth, unlike criminal court, it will be used against you. Refusing to appear can result in a default judgment. In my opinion, there is a mountain of physical evidence connecting JK to the murders, but only enough to show he is more likely than not responsible for the murders is needed.

One of many descriptions of depositions on the internet
Depositions in American Litigation | Stimmel Law
These proceedings are called "depositions" and are one of the most powerful litigation tools available to a litigant in an American trial.
"During this process, the attorneys will have the witness sworn in as in a court of law, and question them under oath asking any and all questions remotely connected to a case and compelling the witness to answer under oath or face sanctions"

 

[iamnotagolem]

Was there a hearing today?

 

[iamnotagolem]

I found this, hopefully I link it correctly.

Breaking news: Newly unsealed court documents say the person of interest in the murders of four men in Okmulgee, confessed that he killed them and cut them up because he believed they were stealing from him.
-The affidavit says Joe Kennedy also had one of the victim's bicycles with him, six days after the murders.
-Kennedy was supposed to be in court today, but, the hearing got postponed until Monday.
-His attorneys argued, they deserved to know why Kennedy's bond is $10 million and the judge agreed to unseal the affidavit where the DA's office outlined its reasons why.
-It says investigators believe the men were killed on October 9th at Kennedy's scrap yard.
-It says victim Mark Chastain had his cell phone on him and records show he arrived at the scrap yard that day, around 5-40 p-m.
-Gun shots were reported 40 minutes later.
-It says video showed Kennedy leaving the scrap yard wearing a different shirt, 90 minutes after that.
-It says he left and came back several times and at 4 AM, went to the vacant lot next to his scrap yard, known as Pine Field.
-It says he remained there for a couple of hours.
-It says the men's bodies were discovered on October 14th and on the same day, blood and items belonging to Mark Chastain were found in Pine Field.
-It says that night, Kennedy took a truck belonging to a buddy from Morris.
-It says around 3 AM on the 15th, Kennedy arrived at a friend's house in another town and had one of the victim's bicycles with him.
-It says Kennedy told that person, he had killed the men and cut them up because "they were stealing from him."
-Kennedy then headed to Florida and was arrested because the buddy reported the truck stolen.
-He's scheduled to be back in court next Monday.
-As of right now, no charges have been filed in the murder case.

https://www.facebook.com/search/top?q=lori%20fullbright%20%2F%20news%20on%206

If I didn't do it right, it's Lori Fullbright/News on 6 on facebook

 

[FrostedGlass]

Was there a hearing today?

It was scheduled for 1 pm but there's no update yet.

I just saw your update. Good Grief!