Superior Court Judge Lee Jantzen said he expects to set a trial date and order a mental health exam at the next hearing. He said the trial may not take place until early 2018 at the earliest. He set Rectors next hearing for July 21. The murder trial was originally set to begin October 2016.
http://www.mohavedailynews.com/news...cle_7bc59c78-48f0-11e7-8855-2be223694d1c.htmlMcPhillips also said his case, now approaching its third year, could lose witnesses and evidence. He asked the judge to order a mental health exam. If Rectors defense attorney, Gerald Gavin, doesnt have all the medical records by now, then there arent any more, McPhillips said.
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McPhillips also stated in a case report that the interview process has stalled with many interviews still to be conducted. He has requested available dates to conduct interviews without input from the defense. He also said the defense still has not disclosed the names of its witnesses and experts or other evidence for the trial.
https://kdminer.com/news/2017/jun/04/defense-asks-court-wait-rector-hearing/Defense attorney Gerald Gavin told Superior Court Judge Lee Jantzen Friday that as of the March 24 hearing, he had about 95 percent of the records they needed and at the point where he could start hiring mitigation experts to move the trial forward
Since the last court date, weve made significant progress, Gavin said. We have at this stage approximately seven experts on board.
Gavin said the experts are for consult only and not yet for testifying. Gavin wants to know their findings before using them in trial. Some are in the early parts of their investigations and some are further along than others.
I realize the court wants to get this going as quickly as possible for taxpayers sake, for justice sake, he said. The problem with some of these experts is we want to do things sequentially.
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Jantzen wanted to know how close the mental health prescreening evaluation is to being completed.
Were certainly much closer to when that motion was m
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We cant do the trial until the (mental health) exam is complete and the sanity issue has been litigated, McPhillips said.
He added that the defense was conflating the process and suggested the court hand over mental health records to the defense.
We could do this today, McPhillips said.
He said that the case should go forward with whatever documents the defense has now and get Rectors mental health exam out of the way.
Were looking at a case thats almost three years old, he said. Im concerned about losing witnesses.
KINGMAN The prosecutor [Greg McPhillips] in the case of a Bullhead City man accused of killing a child is still seeking names of expert witnesses and other evidence.
(. . .)
The status of this case is that nothing is happening, McPhillips said.
At the request of Grogan-Cannellas family, McPhillips will file a motion asserting speedy trial rights on the victims behalf. The case has stalled and the prosecutor is asking the judge to move the case along at a faster pace.
(. . .)
As far back as Nov. 4, 2016, Superior Court Judge Lee Jantzen has ordered the defense to disclose all mitigation experts by Jan. 13, which has not been done. McPhillips is asking the judge to impose sanctions on the defense.
Jantzen previously said he expects to set a trial date and order a mental health exam at the next hearing. Rectors next hearing is set for July 28. The trial was originally set to begin October 2016.
Rectors defense team met with him on July 10 and avowed that a conflict fatal to ongoing representation exists, the court document states. It cannot be resolved or avoided.
If Gavin removes himself from the case, the remaining members of the defense team could remain to prepare Rectors case for ongoing negotiation and trial with minimum impact.
Both Gavin and co-counsel Julia Cassels said any discussion with the court about the conflict will taint the case going forward, likely causing the entire defense team to withdraw and creating greater delays.
The status of this case is that nothing is happening, the court document states. Bellas surviving family requests a speedy trial. This case has stalled and the state has a legitimate motivation to move the prosecution at a faster pace.
The state nominated Dr. Ernest Hartman to examine Rectors sanity at the time he allegedly committed the offense.
Defense lawyers brought out the mental health issues at the June hearing, and prosecutors have repeatedly requested the completion of the mental health exam. None of those experts or hundreds of report pages have been disclosed, McPhillips said.
A Superior Court judge on Friday allowed the attorney for a Bullhead City man accused of killing an 8-year-old girl to withdraw from the case.
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Gavin said three quarters of the defense team will remain and the county’s Indigent Defense Service will start the process to look for another lead attorney to handle the murder case. Co-counsel Julia Cassels will remain on the case as second counsel. Two death penalty qualified attorneys are required in a capital murder case.
“Obviously, I don’t want to create a delay for Mr. Rector. I’m sick (of it), but there’s nothing I can do. I’m forced to withdraw. There’s no way around it,” Gavin told the judge.
Jantzen granted the motion to let Gavin go and search for a new defense attorney, setting the next hearing for Sept. 22. The judge said he receives motions to dismiss counsel all the time, but he didn’t want to dig into why this is happening now.
“You talk about Mr. Rector’s rights. There are other people’s rights in this courtroom,” Jantzen said.
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If the state were to drop the death penalty in the case, defense counsel would be prepared to go forward with a first-degree murder trial next year, Cassels added.
Dec 2014
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Jan 2015
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The 300 rocks include some from New Zealand, United Kingdom, Ireland and the United States.
There are so many beautiful rocks from so many people,” Fox said. “The idea started on our Facebook page, Justice for Bella. After that we just brought it to life.” She added the story has reached many people and touched so many lives. “Everyone wants to send their beautiful rocks for Bella’s garden,” she said. “People who have never met Bella are sending their rocks to us to place in the garden. We are so thankful and happy that it has grown the way it has.”
June 2015
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October 2016
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:blowkiss: to those that made this garden happen! So emotional online, I cannot fathom my tears if I was there in person. And all those colored rocks sent in from caring folks from all over :grouphug:
Links below of photos above include:
Dec 2014 link WITH ARTICLE on garden http://www.mohavedailynews.com/news/the-heart-s-garden-story-of-memorial-for-murdered-girl/article_d8626f92-8688-11e4-91db-577b8b2041c8.html
Jan 2015 link WITH ARTICLE on garden http://bullheadcitybee.us/community/rock-n-the-park-festival-to-honor-local-murdered-girl/
June 2015 link WITH ARTICLE on garden http://www.mohavedailynews.com/news/bella-s-garden-nears-completion/article_a8e9496e-1a41-11e5-9fcf-ab38bf394635.html
October 2016 link WITH ARTICLE on garden http://www.mohavedailynews.com/news/city-installs-marker-at-bella-s-rock-garden/article_c75ecba0-8ebf-11e6-b35e-33cf038bc598.html
May 2017 FB link WITH ARTICLE on the care of the garden from the bullheadcitybee (which is now defunct) https://www.facebook.com/bullheadcitybee/posts/1002028673166737:0
I cannot believe that we are still waiting to see Justice for this sweet girl. What is it going to take to get this trial going?
Blake Schritter, Indigent Defense Service director, said Quinn Jolly has been assigned as first chair on Rectors case. Co-counsel Julia Cassels will remain as second counsel. Two death-penalty qualified attorneys are required in a capital murder case.
Jolly had previously been with the Maricopa County Legal Defenders Office and moved to Wisconsin at the end of July. However, Jolly will travel back to Mohave County at his own expense about once a month for Rectors case, Schritter said.
The benefit in hiring Jolly is that he has no other case load, Schritter said, adding that Jolly was the most qualified death-penalty primary attorney, having defended several first-degree murder cases in Maricopa County including Pedro Morales, John Cole and Hojat Saadi.
At Rectors last hearing, Superior Court Judge Lee Jantzen said much of the work on the murder case doesnt need to be redone with the hiring of a new primary counsel. Jolly will make his first appearance at Rectors next hearing, set for Sept. 22.
The total cost for Rectors defense including the 2017-18 fiscal year is now $582,579. That dates to the 2014-15 fiscal year. The cost includes $409,822 for all of Rectors defense attorneys and $172,007 for investigative services for the last four fiscal years, indigent defense services director Blake Schritter said.
So far, this current fiscal year, his attorney fees are $31,056 and the investigative services are $20,415. During the 2016-17 fiscal year, his attorney bill was $199,290 and the investigative services cost $129,777. In the 2015-16 fiscal year, attorney fees were $121,725 and the investigative services were $13,578, Schritter added.
Rectors next hearing before Superior Court Judge Lee Jantzen is scheduled for today. Vacated several times, Rectors trial has not been scheduled and the length of the trial is not known but could last a month or longer.
The cost of a Bullhead City murder suspect’s death penalty case could exceed more than $1 million by the time it goes to trial.
http://www.mohavedailynews.com/news...cle_0ec4609a-cb5f-11e7-ab6a-e7f41b419f37.html
KINGMAN Mental evaluation results of accused murderer, kidnapper and rapist Justin James Rector were ordered by Superior Court Judge Lee Jantzen Friday to be released to state prosecutors.
The case, which started in September 2014 with the discovery of 8-year-old Bella Grogan-Cannellas body in a shallow grave near her home in Bullhead City, is slowly making its way through the justice system, with more than 20 pretrial hearings.
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Jantzen said he filed an order for Mohave County Mental Health to disclose evidence from the mental evaluation to the state, which is mandated by law. Prior counsel had filed a motion to vacate that order.
McPhillips said hes had fairly regular conversations with Rectors defense attorneys, and got the impression they werent ready to deal with the mental evaluation yet.
Jantzen also filed two other orders in March, one to disclose notes from the autopsy report and another to disclose Rectors cellphone records.
Though he didnt have the files on hand, McPhillips said he believes he has the autopsy notes, and there was no cellphone information.
KINGMAN A decision to lift the death penalty in the first-degree murder case against Justin James Rector drew immediate reaction in the Tri-state.
Mohave County Attorney Matt Smith cited a lack of progress in the case, which has languished in the courts with myriad motions and defense attorney changes, in pulling the death penalty.
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Smith said Rectors murder case was going nowhere. With new defense attorneys recently assigned to the case, Rectors trial probably would not be set until 2019 at the earliest, Smith said.
KINGMAN Last weeks decision by prosecutors to withdraw the death penalty for Justin James Rector, who is accused of child kidnapping, rape and murder wasnt well received by the public, but itll go a long way toward getting the trial started 3½ years after the crime was committed.
Mohave Superior Court Judge Lee Jantzen on Tuesday ordered the next court hearing for March 23, at which time he plans to set a trial date.
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