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Thread: Afton Ferris Sentenced to Life in 2009 IL Slayings of Kandis R. Majors, and Terri A. Siebeck

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    Afton Ferris Sentenced to Life in 2009 IL Slayings of Kandis R. Majors, and Terri A. Siebeck

    Prosecutors seek death penalty for Ferris in West Frankfort double homicide

    BENTON, IL (KFVS) - A 19-year-old woman facing murder charges showed no emotion when she appeared in a Franklin county courtroom Wednesday.

    There were no tears, no visible signs of remorse, or even a look of shock as prosecutors revealed they plan to seek the death penalty for Afton Ferris.

    Ferris appeared in a Franklin county courtroom for her preliminary hearing on charges of first degree murder, armed robbery and home invasion. Ferris, along with her boyfriend, 30-year-old Michael Schallert, are accused in the October shooting deaths of 32-year-old Terri Seibeck and 28-year-old Kandis Majors of West Frankfort.

    The defense asked the court to issue a continuance for the preliminary hearing in response to the prosecution’s plan to seek the death penalty in this case.

    Illinois law requires that two attorneys certified by the Illinois Supreme Court to handle capital cases represent any defendant potentially facing the death penalty. Ferris' current public defender is not certified as such. Two new certified attorneys will be appointed and will appear alongside Ferris on Friday, November 20th at 9:30 a.m. for her new preliminary hearing date.

    Meanwhile, Michael Schallert remains behind bars in Larimer County Colorado pending extradition. Authorities say they do expect him to return to Illinois to face charges soon, but don't have an official date of arrival at this point.

    http://www.kfvs12.com/global/story.asp?s=11533097

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    Suspect will face death penalty in double homicide case



    BENTON - Franklin County State's Attorney Tom Dinn will seek the death penalty against at least one of the suspects accused of in the shooting deaths of two West Frankfort women.

    Afton D. Ferris, 19, will face the death penalty for her alleged role in the October deaths of Terri Seibeck and Kandis Majors.

    Dinn filed notice of his intent to seek the death penalty in the case just after Ferris pled not guilty to two counts of first-degree murder during her arraignment in Franklin County court Friday.

    Ferris and her boyfriend Michael A. Schallert, 29, allegedly committed the murders that Dinn described as "cold, calculated and premeditated" in his filing Friday.

    Dinn has not yet announced whether he will seek the death penalty against Schallert, who entered not guilty pleas to first-degree murder charges earlier this week.

    http://www.thesouthern.com/news/local/crime-and-courts/68983990-e123-11de-9c97-001cc4c03286.html

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    Schallert waives right to speedy trial

    BENTON - A West Frankfort man waived his right to a speedy trial Monday in Franklin County court to give his attorneys more time to prepare for the double murder trial in which both he and his girlfriend face the death penalty.

    Michael A. Schallert, 30, and his 20-year-old girlfriend, Afton D. Ferris, stand accused of shooting Terri Seibeck and Kandis Majors to death inside their West Frankfort home in October.

    Schallert, who made a brief appearance Monday in the Benton courthouse, agreed to hold off on trying the case until attorneys Gene Gross and Brian Trentman had more time to gather a defense case.

    Franklin County State's Attorney Tom Dinn previously filed his intent to seek the death penalty against Schallert and Ferris, citing that the two victims were allegedly killed during the course of other felonies - home invasion and armed robbery. He described the murders as having been committed in a "cold, calculated and premeditated manner."

    Seibeck and Majors were found dead Oct. 19 in their North Douglas Street residence. Both women were shot multiple times.

    Schallert and Ferris, who had been staying with the two women for about a month, allegedly committed the double murder after they learned the victims were kicking them out of the house, according to court documents. They were arrested Oct. 23 in Colorado.

    A case management conference for Schallert was set for 2:30 p.m. Feb. 9. A case management confer-ence for Ferris is scheduled for later in January.

    http://www.thesouthern.com/news/local/a5d7e718-f9bc-11de-91f8-001cc4c03286.html

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    Judge refuses to rule out death penalty

    BENTON — Arguments to have the death penalty statute declared unconstitutional were rejected by a Franklin County judge Tuesday, now leaving the penalty on the table for both suspects in a West Frankfort double-murder.

    Judge Kyle Vantrease denied motions filed on behalf of Michael Schallert, 30, who is accused along with Afton Ferris, 20, in the October slayings of Kandis Majors and Terri Seibeck of West Frankfort.

    Similar arguments were previously rejected on motions filed by Ferris’ defense.

    Schallert and Ferris were arrested in Colorado, where they were taken into custody a few days after the two women were found dead Oct. 19 in their North Douglas Street residence.

    Both women were shot multiple times.

    The suspects, who had reportedly been staying with the two women for about a month, allegedly committed the double murder after they learned the victims were kicking them out of their house.

    Franklin County State’s Attorney Tom Dinn previously filed his intent to seek the death penalty against the two, saying that deaths of the two victims occurred during the course of other felonies — home invasion and armed robbery.

    A status hearing on the Schallert case was set for 1:30 p.m., June 22.

    http://www.thesouthern.com/news/local/847a24c6-62ff-11df-87e0-001cc4c002e0.html

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    Another attorney appointed in WF double-homicide case

    Another attorney has withdrawn from the case of the state versus Michael D. Schallert, 30, of West Frankfort.

    Schallert's attorney Gene Gross filed a motion to withdraw from the case on Oct. 8, and co-counsel Brian Trentman was appointed as lead counsel, with D. Peter Wise appointed as co-counsel for the defendant Friday in Franklin County court.

    Schallert and an accomplice, Afton D. Ferris, 19, formerly of Cheyenne, Wyo. are accused in the Oct. 18, 2009, first-degree murders of Kandis R. Majors, 28, and Terri A. Siebeck, 31, both of West Frankfort.

    Schallert and Ferris are also accused of armed robbery and home invasion.

    Franklin County State's Attorney Tom Dinn filed a motion seeking the death penalty that was challenged by Schallert's attorneys Gross and Trentman on April 13. His attorneys filed motions to declare the death penalty unconstitutional.

    Circuit Judge Kyle Vantrease denied the motions filed on May 18.

    A pre-trial conference date has been set for Dec. 17.

    http://www.bentoneveningnews.com/new...-homicide-case

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    Afton Ferris

    Franklin County State's Attorney Evan Owens plans to seek the death penalty in two local cases, although both houses of the Illinois Legislature have voted to abolish capital punishment.

    Separate judges sat as defendants Afton D. Ferris, 21, formerly of Cheyenne, Wyo., and Michael A. Schallert, 30, of West Frankfort and their attorneys were in court Tuesday afternoon.

    Ferris and Schallert are accused in the Oct. 18, 2009, fatal shootings of Kandis R. Majors, 28, and Terri A. Siebeck, 31, both of West Frankfort.

    Ferris' attorney, Matt Vaughn, said a conflict of interest had been addressed. Vaughn said both the Belleville and Springfield defense attorney offices provided trial assistance for the co-defendants.

    Judge Barry Vaughan of Hamilton County ordered the two offices not to share files, creating a term referred to as a "Chinese wall" to prevent the potential for conflict in the two cases.

    Ferris's attorney said the two offices would operate separately to avoid conflict.

    Schallert's attorney said what had been presented was accurate.

    Vaughn filed motions to suppress Ferris's post-arrest statement. Ferris was arrested Oct. 21, 2009, in Larimer County, Colo., and was later charged with two counts of first-degree murder, two counts of armed robbery and two counts of home invasion.

    Her attorney said a statement made to West Frankfort Police Chief Jeff Tharp and Capt. Michael Dinn on Oct. 22, 2009, should be barred and suppressed as evidence, claiming the statement was involuntary. Court records indicate that Ferris was in custody at the time the statement was made.

    Vaughn also filed certificates requesting out-of-state witnesses to attend a pre-trial hearing slated for March 11.

    Owens said the state had no objection to the motions filed, adding he might also need out-of-state witnesses.

    Vaughan said a bill to abolish the death penalty sits on Gov. Pat Quinn's desk awaiting signature after it passed in both the Illinois Senate and House of Representatives. He said the bill would go into effect on July 1 if signed.

    Owens asked for a trial date. The final pre-trial hearing is set for June 24 with jury selection to begin June 27.

    The state's attorney said he is awaiting DNA evidence from Schallert's fingernail scrapings, adding that he hopes to have the matter concluded soon.

    Vaughan said Ferris had continued to waive the right to a speedy trial. He said by law, a defendant is entitled to a trial within 120 days. Vaughan said by agreeing to continue to waive that right "turns the speedy trial clock off."

    He said that while it gives attorneys more time, it delays the right to a speedy trial. When asked if that is the way she wished to proceed, Ferris said, "Yes, sir," in a soft voice.

    Judge E. Kyle Vantrease took the bench during Schallert's court appearance. Schallert's attorneys said their experts had scheduling conflicts regarding DNA testing, adding that the testing was set for February.

    The co-defendant's attorneys said they wanted a lapse of time between the two cases due to anticipated publicity and transcripts, suggesting September or October.

    Schallert's attorneys said they would have no objection to a lengthy continuance in the case.

    He is due back in court March 22. A trial date of Sept. 7 has been set.

    Owens said the state's attorney's office would try both cases. He said it could take three weeks to a month on each case.

    http://www.carmitimes.com/area_news/...icide-suspects

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    Murder suspect back in court free from threat of death penalty

    BENTON, IL (KFVS) - A 21-year-old woman being tried in a capital murder case appears in a Franklin County court Friday for a pre-trial hearing for the first time since the death penalty was abolished in Illinois.

    Afton Ferris' defense team argued some evidence collected in Colorado when she was arrested should be excluded from trial.

    Two Larimer County detectives who assisted in the arrest of Ferris and her boyfriend, Michael Schallert, flew to the Heartland to take to stand to discuss evidence collection techniques and the circumstances surrounding a recorded interview between Ferris and police in the Larimer County Sheriff's Department in Fort Collins, Colorado.

    Ferris and Schallert are accused of shooting and killing Terri Siebeck and Kandis Majors in their West Frankfort home back in October 2009.

    Prosecutors had planned to seek the death penalty in the case, now that won't happen. Just this week, capital punishment was abolished in the state.

    "I was very disappointed," said Kandis Majors' mother Cindy Marlow. "Not just for this case, but a lot of different families who have to deal with this situation."

    Ferris did not reply when Heartland News asked her how she felt now that she could not be put to death.

    Ferris' trial is set to start on June 28. Schallert will be back in court March 22 at 1:30 p.m.

    http://www.kfvs12.com/Global/story.asp?S=14236401

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    Jury selection begins Monday in double-homicide case

    Benton, Ill. —

    Afton D. Ferris, 21, quietly answered Judge Barry Vaughan’s questions during her final pretrial hearing Friday in Franklin County court.

    The judge said he had presided over each of the defendant’s court appearances, starting with her advisement hearing Nov. 13, 2009, after she and co-defendant Michael A. Schallert, 31, were taken into custody in Colorado.

    Vaughan asked Ferris if she was satisfied with the representation given by her attorneys Matt Vaughn and Jerry Crisel, about her treatment while she has been housed in the Franklin County Jail and if she was satisfied with how the case had proceeded thus far.

    The judge said Ferris had initially stated that she would hire counsel. He said attorneys had been appointed for her and asked if she was satisfied with the amount of time counsel had spent with her.

    Vaughan said the defense attorneys had also talked with Ferris after she was returned to her jail cell after appearing in court.

    The defendant replied that she was satisfied in response to the questions.

    Franklin County State’s Attorney Evan Owens said he plans to play the recorded confession for jurors when the trial begins on July 5.

    Former state’s attorney Tom Dinn was seeking the death penalty against each defendant, accused in the Oct. 19, 2009, double homicide that took the lives of Kandis R. Majors, 28, and Terri A. Seibeck, 31, while they were inside the West Frankfort home they shared.

    Gov. Pat Quinn signed legislation that repealed the death penalty and has commuted the sentences of those on death row.

    Both Ferris and Schallert are charged with two counts of home invasion, two counts of first-degree murder and two counts of home invasion.

    Vaughan said jury selection begins at 9 a.m. Monday.

    The judge cautioned spectators not to talk to prospective jurors or risk being subject to arrest on contempt of court charges.

    Jury selection should take all week. After the final pre-trial, Owens said he anticipates the trial will take three weeks.

    http://www.bentoneveningnews.com/new...-homicide-case

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    Change of venue denied, jury selected; Ferris trial begins Tuesday

    Benton, Ill. —

    A panel of 12 jurors and three alternates will be seated Tuesday when the trial begins for Afton D. Ferris, who is accused of the murders of two West Frankfort women.

    Judge Barry Vaughan met with defense counsel and the Franklin County state’s attorney on Wednesday to discuss admissible evidence.

    Sifting through photos taken during the autopsies of Kandis R. Majors and Terri A. Seibeck and several photos from the crime scene, Vaughan denied only two.

    Defense attorney Jerry Crisel objected to the majority of photos to be submitted as evidence, calling them inflammatory and prejudicial.

    He said he and co-counsel Matt Vaughn had discussed the evidence with Franklin County State’s Attorney Evan Owens at length before Owens agreed to withdraw some of the photos that will be viewed during the trial.

    Crisel described the photos of Majors and Seibeck to the judge as they were being shown, calling some of them gruesome because they depicted particularly disturbing and graphic images.

    Vaughan carefully considered each photo, calling the majority of them not prejudicial.

    Crisel discussed the photos taken during the autopsies that depict wounds to both bodies indicating they were shot.

    While Crisel objected to the photos being submitted as evidence, Owens argued that they showed that the two women struggled for their lives.

    Owens said the photos also describe what Ferris said in her statements that will also be submitted during the trial.

    The state’s attorney said witnesses in the case would explain to the jurors what is depicted in each of the photos, including stippling and powder marks that indicate bullets were fired at close range.

    Vaughan did agree with Crisel that multiple photos of the same wounds could be considered as “piling on” as he reviewed similar cases.

    Several of the photos show rods sticking through the wounds after the victims had been cleaned during the autopsies. Crisel objected that these particular photos were particularly gruesome and could sway the jurors.

    Owens said the photos indicate a struggle took place with each victim. Closeups of Majors and Seibeck depict entry and exit wounds. Owens argued that the wounds corroborate Ferris’ statements.

    “The photos show that Miss Majors was shot multiple times,” he said. “Miss Ferris describes that struggle, saying Miss Majors was shot several times and then drug back into the house and shot again.”

    Other photos to be submitted into evidence depict wounds indicating the victim “was in a down position,” Owens said.

    The state’s attorney argued that some of the photos depict the direction the bullets traveled through each of the victims, saying these were “cold, calculated murders with the intent to kill.”

    Photos of bullet fragments will also be entered as evidence at the objection of Crisel who called them “very gruesome.” He said they might confuse the jurors.

    The change of venue motion filed by the defense counsel was denied by the judge after Crisel said the majority of prospective jurors had either read or heard about the case.

    Crisel said there was much publicity about the case, adding THAT a “very large percentage” of prospective jurors had heard about the case.

    Owens argued that the judge and counsel had “ferreted out the information that prospective jurors had learned.”

    “Most said they didn’t know or couldn’t remember the details,” he said.

    The state’s attorney said the jurors selected would be “enlightened” by the evidence presented during the trial that could take two weeks before a verdict is reached.

    Vaughan said between 70 and 75 prospective jurors had been questioned before the field narrowed to the 12 selected to serve.

    “A fair number of them remembered hearing or reading something about the case and a small percentage remembered some of the details,” he said. “The vast majority didn’t remember details and a fair number didn’t remember much at all.”

    He said other prospective jurors were “excused for cause.” A number were excused because they had pre-planned vacations or other commitments.

    Vaughan denied the change of venue saying the motion was “taken under advisement.”

    He asked counsel to arrive early Tuesday morning saying Ferris would be brought from her jail cell after the jury roll call is taken.

    http://www.bentoneveningnews.com/new...begins-Tuesday

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    Judge issues warning to jurors, who watch interview of defendant
    Before jurors were brought into the courtroom Wednesday, Judge Barry Vaughan said reports of jurors talking about the case had come to his attention.

    Vaughan said courses of action could range from admonishing the jury to obey the court order to a mistrial to excusing jurors for not adhering to instructions.

    When the jury was called in, Vaughan said he did not know who was involved in discussing the case before it was completed, adding that he wants both sides to receive a fair trial.

    “If a juror tries to discuss the case, I will have to declare a mistrial or dismiss a juror,” he said.

    A third option, sequestering jurors, could create more problems.

    Vaughan repeatedly instructed jurors not to discuss the case with anyone, read anything or view televised reports about the case. He said jurors would discuss the case in the jury room when all members were present and during deliberations after all of the evidence has been presented.

    Vaughan also reminded jurors to keep an open mind as more witnesses took the stand.

    Phillip Butler, assistant Franklin County State’s Attorney, called the first witness of the day, a trooper with the Kansas Highway Patrol, who took statements from two Kansas Department of Transportation employees.

    The employees testified they found credit and debit cards belonging to the victims of the Oct. 18, 2009, double-homicides that occurred in West Frankfort.

    One employee said he found a credit card belonging to Kandis R. Majors along Interstate 70 in Kansas, which was admitted as evidence without objection from the defense counsel. The other employee said he found a credit card belonging to Terri A. Seibeck, also along the interstate.

    Majors and Seibeck were killed in a home they share in West Frankfort.

    When questioned, the employee said he Googled the name on the card and took it to his employer, who contacted the trooper.

    The West Frankfort police chief testified that he and another officer went to Colorado to question the subjects and bring them back to Illinois.

    Later in the day, a portion of the DVD taped interview with the co-defendant Afton D. Ferris was played for the jury.

    Ferris said she would “tell the officers everything” and asked how they had located she and Michael A. Schallert so quickly.

    After she had been read her rights, one of the officers asked Ferris to sign the document. She said she could not see well, adding that her glasses were broken as she is seen bending over with her face pressed closed to the paper as she signed her name.

    Ferris said she had a “very hard time all of her life,” adding that she had graduated as valedictorian of her class the year before.

    She said she and Schallert were living in Casper, Wyo., before heading to West Frankfort because “child support was on his ass.”

    Ferris described a different scene inside the North Douglas Street residence, saying Majors and Seibeck were “major pill poppers” who stole from one another.

    She said the couple accused Ferris and Schallert of stealing from them and “kicked us out.” Ferris said Majors and Seibeck had put their belongings outside.

    When asked to describe the events that occurred on Oct. 18, Ferris said she and Schallert had been drinking and playing poker at a friend’s house before walking from Deering Road to the home on North Douglas Street.

    She said they called Seibeck’s cell phone and Majors had answered. Ferris said the two wanted to apologize to the couple.

    She said Schallert stole a gun from the friend’s home before the two walked to the home, where shots were fired. Ferris said Schallert shot Majors, then Seibeck, and then shot Majors again. She said the two found a small amount of cash, stole cigarette packs and a “weed box.”

    Ferris said she saw Majors attempting to call the sheriff’s department and Schallert shot her again. She stated that she heard Seibeck moaning and shot her in the left eye.

    Ferris said the two stole credit cards, car keys and a vehicle and stopped for gas before leaving West Frankfort.

    She said she also had Majors’ cell phone that had a return call from the sheriff’s department. Ferris said she took out the batteries, broke them in half and threw them out the car window along with the credit cards somewhere along the way.

    Ferris said the two arrived in Colorado and Schallert “broke into his mom’s cabin.” She said they went to another residence “and took what they needed.”

    When questioned, Ferris said, “We didn’t mean to hurt anybody; there was just nothing else to do.”

    The defendant said she stole a large black purse and put the stolen gun inside it.

    Ferris said she and Schallert used the stolen credit cards to spend the night in a motel and wrote notes.

    She said she wrote a poem titled “Bullets and Weed” that was read to jurors.

    Ferris also referred to a letter written by Schallert, calling the notes their “death wish.”
    “I told him we should have just killed ourselves,” she said.

    The poem and handwritten notes were admitted as evidence over the objection of defense counsel.

    Officers with the West Frankfort Police Department were also questioned about finding what appeared to be blood on the inside of the storm door and the interior door of Majors and Seibeck home located at 213 N. Douglas St.

    Although the front door was locked, the West Frankfort police chief was able to unlock the door, saying that there was something blocking the front door.

    Officers testified they were only able to get the door open about a foot and a half and observed toes sticking out from under the door.

    Law enforcement personnel testified they walked across the couch in the living room to prevent contaminating the crime scene as the bodies of the two women were found not far apart on the living room floor.

    After searching the house and securing the scene, officers observed one of the women lying face down with her hands straight out and her shirt off.

    Franklin County State’s Attorney Evan Owens showed officers photos taken of the crime scene and asked officers to identify them before asking about a piece of door jamb from the front door.

    Displaying photographs to one of the officers, Owens asked the officer to explain what he saw. The officer said the door appeared to have been repaired “several times” due to the number of nails in the door.

    During cross-examination, defense counsel Matt Vaughn questioned the officers, asking them if they observed an item in the doorway and to identify what they saw in the photo.

    Officers testified the item was a piece of trim consistent with the casing around the door.

    Owens called an employee of Rend Lake College to the witness stand, who testified that she was familiar with Majors, who was a student in Fall 2009.

    The witness provided copies of business records indicating that Majors had received a Pell Grant that was also admitted into evidence without objection.

    Defense counsel Jerry Crisel asked the witness to explain what a Pell Grant is to the jurors. The employee said the grant is used to assist a student in paying tuition and fees and is based on income.

    Owens asked the employee to explain what the class codes meant, and the witness said that Majors was enrolled in developmental English, medical terminology, developmental reading, and anatomy and physiology.

    Another witness testified that her father owned the home that Majors and Seibeck shared.

    She said she had been to the home the couple shared on Oct. 18 for a cookout, adding that Seibeck had called her later that day and invited her to come and watch movies with them.

    The witness said she stayed home and tried repeatedly to contact both Seibeck and Majors.

    The woman said after trying both cell phones of the victims, she went to the house on North Douglas Street and observed blood on the inside of the front storm door and the interior door.

    She said she walked around the house and tried to gain entry, but the blinds were closed and the doors and windows were locked. The witness said she observed something unusual when she went around to the back of the home.

    The woman said she saw the the pets were “kenneled up inside the back door,” which was out of the ordinary, and she called her father to see if he had a key to the residence.

    When questioned, the witness said she believed Majors and Seibeck had lived in the home for a year and perhaps more. She said they always paid their rent.

    When asked if she knew the defendant, Afton D. Ferris, the witness said she had known her for about six to eight weeks, and knew that Ferris and Schallert were living with Majors and Seibeck.

    The witness said she had known co-defendant Schallert for several years. The woman said Schallert used to come by the gas station where she worked, adding that he left the area and returned in 2009 with Ferris.

    When questioned about a late rent payment, the witness said she knew that the rent was late because Majors “was waiting on her student loan to pay the rent.”

    Butler called the next witness, who stated she was the aunt of Seibeck. The woman said Schallert and Ferris lived with her in West Frankfort. She explained that she and Schallert were friends and that he had called her from Wyoming saying he wanted to return to West Frankfort with his girlfriend, Ferris.

    Butler asked the witness to recall the last time she saw her niece. The woman said she had seen her on Oct. 18. She later talked with Seibeck on the phone, saying Seibeck didn’t sound upset.

    The witness stated that she learned something was wrong the next day while at work, adding that she went to the home on North Douglas Street and saw the blood.

    Testimony continues on Thursday when Colorado police officers are expected to take the witness stand.

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