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Thread: Brian David Horn - Louisiana Death Row

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    Brian David Horn - Louisiana Death Row


    Justin M. Bloxom, 12





    Justin's death sparks others into action

    “I never want him to be forgotten.”

    It’s a statement no parent should ever have to utter about their child, but Amy Bloxom Fletcher was put into that position on March 30 when her 12-year-old son, Justin M. Bloxom, was killed, allegedly at the hands of a twice-convicted sex offender.

    The grief, even after eight months, is still fresh as tears brim in Fletcher’s eyes easily. But a quick smile returns as she moves into the plans she and a growing army of friends and strangers are putting together so that Justin won’t be forgotten.

    More importantly, their ideas, many of which are still being finalized, are designed to use Justin’s death as a teaching moment for children and also to bring local and national attention to strengthening laws against child sexual predators.

    They have formed the non-profit Justin M. Bloxom Alliance for Innocence, which emerged from a Facebook page “Justice for Justin” that has over 17,000 fans. Alliance members Fletcher, Patsy Ogletree, Rhonda Nix, Leslie Peck, V.J. Jackson, Amber Patton, Stacy Arrington and Jennifer Brocato already have been successful in garnering more than 4,390 names on a petition that will be submitted at the next legislative session to show their support for stronger sex offender laws.

    For the time being, though, the focus is on the creation of a memorial garden at North DeSoto Middle School, which Justin attended as a seventh-grader. The push is on to have the special space completed by the one-year anniversary of Justin’s death.

    Authorities say Justin was lured away from a friend’s home by a registered sex offender, Brian David Horn, 35, who was posing via text messages as a young girl. Horn, who got Justin’s number from a friend of his stepdaughter’s, picked up Justin in his taxi cab.

    Justin’s body was found a few hours after he was reported missing. He died of asphyxiation. Horn is charged with first-degree murder and faces the death penalty if convicted.

    “We want to honor Justin. We want to continue to give Justin a voice so that he’ll never be forgotten,” Fletcher said of the memorial garden. “It will be a healing place for me to go and for the students to go. … Keeping myself busy doing this helps with the healing because it’s positive moves for Justin.”

    The idea originated somewhat from an impromptu memorial that sprang up at the Stonewall town park immediately after Justin’s death. Simultaneously, another memorial began growing at the site on U.S. Highway 171 where Justin’s body was discovered. The fence row quickly became adorned with flowers and crosses.

    Items from the park were moved to the fence. And the area continues to draw attention from passers-by and Justin’s family and friends.

    Fletcher and Ogletree planted 13 lilies there in May to commemorate Justin’s 13th birthday. The landowner is supportive.

    “The bulbs will be blooming for his next birthday in May,” Ogletree said.
    Unknown to all is the mystery person who keeps up the site by mowing it and keeping the memorial items in place.

    Planting a flower garden will be one of the aspects of the memorial garden at North DeSoto Middle School. Overall, the space on the north side of the complex will feature benches, a low-surrounding wall, angel monument, engraved bricks and a variety of low-maintenance plants.

    It won’t be something just to look at. The concept supported by school officials calls for it to double as a learning station, where students will gather for outdoor lessons, whether it’s to get pointers from experts on the Internet and cell phone safety or to learn about plant growth and participate in garden maintenance.

    The DeSoto School Board has given its approval of the project, and plans are coordinated with North DeSoto Middle School Principal Keith Simmons and other school officials, who fully support it.

    “We want to celebrate life here. We were left for a reason and we want to continue to talk about that,” said school counselor Angela Riser, who added that the emotions surrounding Justin’s death still affect students.

    Fletcher hopes a groundbreaking ceremony can be set before the Christmas break. Tina Pickett, owner of Gardens of Louisiana LLC, along with her foreman Juan Mondragon and landscape architect Scott Crane, are preparing the design documents.

    Construction will be paid for through donations; no school funds will be used. Fletcher and Ogletree already have pledges, and they anticipate many more will contribute to reach the estimated $25,000 price tag.

    “The garden is a priority. But once it’s finished we will be working on our other goals,” said Ogletree.

    http://www.shreveporttimes.com/artic...rs-into-action

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    Venue change expected in DeSoto man's homicide trial

    A change of venue is expected in the capital murder trial of a Keachi man accused in last year’s death of a 12-year-old Stonewall boy.

    But DeSoto District Judge Robert Burgess stopped short this morning during a status conference of making it official since the defense had not formally filed a motion seeking the venue change. Defense attorney Ross Owen said he would file the document this afternoon.

    District Attorney Richard Johnson told the court he would not oppose the request after it is filed.

    Johnson is seeking the death penalty for Brian D. Horn, 35, a twice-convicted sex offender who is charged with the first-degree murder of Justin M. Bloxom on March 30. DeSoto investigators say Horn posed as a young girl via text messages to Bloxom to lure him away from a friend’s house.

    Bloxom died of asphyxiation. His body was found in a wooded area along U.S. Highway 171 just south of the Stonewall corporate limits several hours after he was reported missing .

    Although Owen, who is representing Horn on behalf of the Capital Assistance Project of Louisiana, did not say in open court why he wanted the trial proceedings moved, the extensive publicity surrounding the case likely contributed.

    Bloxom’s death has continued to draw headlines as his family and friends continue to push for and bring awareness to tougher laws for sex offenders. A new law already holding Bloxom’s name restricts sex offenders’ employment opportunities.

    Burgess said he had two ideas for the alternate venue, but did not hint to the location other than to say he considering somewhere in north Louisiana. When Owen stated his preference for Lafayette, Burgess said, “That most likely will be denied.”

    Burgess also did not specify how the venue change would be accomplished. The practice for at least the past 10 years in DeSoto Parish capital murder cases is for a jury to be selected in another parish and that panel transported to DeSoto for the actual proceedings. Other jurisdictions move the entire trial to another parish.

    “I will make a couple of phone calls and see where we are going,” said the judge, adding he would inform the state and defense of his decision by letter.

    No potential trial dates were discussed other than Burgess stating he’d like to see it happen this summer.

    http://www.shreveporttimes.com/artic...4/-No-heading-

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    DeSoto murder trial in boy's death set for July

    The trial of a convicted sex offender accused in the asphyxiation death of a 12-year-old Stonewall boy is set for July 18, with the jury to be selected from Lincoln and Union parishes.

    State District Judge Robert Burgess on Wednesday set those conditions in response to a request for a change of venue by defense attorneys for Brian D. Horn because of extensive publicity surrounding the March 30 death of Justin M. Bloxom.

    Once seated, Burgess tells The Times that jurors will be transferred to DeSoto Parish for the trial. If convicted, the state has said it will seek the death penalty.

    The 35-year-old Keatchie man is accused of posing as a young girl via text messages to Bloxom to lure him from a friend's house. Bloxom's body was found in the woods several hours after he was reported missing.

    http://www.klfy.com/Global/story.asp?S=14001037

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    Homicide suspect wants statements, evidence suppressed

    MANSFIELD — Homicide suspect Brian Horn wants to suppress statements he made to DeSoto sheriff's investigators along with evidence seized at the time of his arrest almost a year ago.

    Horn's requests are outlined in four motions filed Tuesday in DeSoto District Court. District Judge Robert Burgess has set a hearing date on April 26.

    Horn, 35, of Keachi, is charged with first-degree murder in the March 30 death of Justin M. Bloxom, 12, of Stonewall. A tentative trial date is set for Jan. 18, with jury selection taking place in Lincoln Parish and the trial in DeSoto Parish. A status conference to finalize trial details will begin at 2 p.m. March 28.

    DeSoto investigators say Horn pretended to be a young girl named "Amanda" and sent text messages to Bloxom, who was visiting overnight with a friend. Horn picked up Bloxom in his taxicab.

    Bloxom's body was found in a wooded area off U.S. Highway 171 several hours after he was reported missing. Witnesses put Horn's cab in the same area. He surrendered to authorities as a search was under way. Prosecutors are seeking the death penalty.

    Horn alleges his "interrogation by law enforcement officers at the time of his arrest was in violation of his rights and unconstitutional," according to one of the motions filed by his attorneys Ross Owen and Elton Richey Jr., who are representing Horn on behalf of the Capital Assistance Project of Louisiana Inc.

    The motion states the officers failed to adequately advise Horn of his right against self-incrimination, he was interrogated in an "effort calculated to deliberately elicit incriminating statements," and he did not "knowingly, intelligently and voluntarily waive his right against self-incrimination and his right to have counsel present during questioning."

    The other motions deal with evidence seized during the investigation. Horn alleges a Dell computer taken from his residence and an AT&T SIM card removed from his brother's vehicle were done so in violation of his constitutional rights. The SIM card tracked the text messages sent to Bloxom, including the plan for "Amanda" to send a cab to pick up Bloxom at his friend's house.

    http://www.shreveporttimes.com/artic...text|FRONTPAGE

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    Wednesday marks one-year anniversary of student's death

    The start of the day Wednesday at North DeSoto Middle School will be one of quiet reflection as students gather briefly to remember one of their own lost to tragedy a year ago.

    Justin Bloxom, 12, was killed March 30, 2010 after being lured away from an overnight stay at a friend’s home. DeSoto sheriff’s investigators say Brian Horn posed as a young girl via text messages to entice Bloxom into his taxi cab.

    Bloxom’s body was discovered several hours after he was reported missing. The wooded area along U.S. Highway 171 just beyond Stonewall’s southern corporate limits where Bloxom’s body was found has become a memorial.

    Horn, a twice-convicted sex offender, is charged with first-degree murder and faces the death penalty if convicted. His trial is tentatively set for this summer, with the jury selected in Lincoln Parish and the proceedings held in DeSoto Parish.

    http://www.shreveporttimes.com/artic...text|FRONTPAGE

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    2nd Circuit denies Brian Horn's defense attorney's request

    The 2nd Circuit Court of Appeal has denied a request of Brian Horn's defense counsel for an expedited hearing and extension.

    The order was faxed to District Judge Robert Burgess' office around 11 a.m. Wednesday. That should clear the way for Burgess to set a new date for pretrial motions to be considered in Horn's capital murder case.

    Horn, 35, of Keachi, is charged with first-degree murder in the March 30, 2010, death of Justin M. Bloxom, 12, of Stonewall. He faces the death penalty if convicted.

    Ross Owen, one of Horn's attorneys, on Tuesday sought intervention from the appellate court after Burgess denied a motion to stay pretrial proceedings. A number of motions were to be considered in preparation for Horn's Aug. 1 trial.

    Owen argued he has not had the opportunity to meet with Horn to prepare his defense because of a fear their discussions were being monitored in the interview room in the DeSoto Parish Detention Center.

    After listening to testimony from Sheriff Rodney Arbuckle and Warden Dennis Reed, Burgess ruled the sheriff's office is in compliance with a prior court order to provide Horn an adequate place to meet with his attorneys.

    In its order, the 2nd Circuit stated, "Applicant has not made an adequate showing of the need either for an extension, or for expedited consideration; accordingly, this motion is hereby denied."

    The court adds: "We further note that while applicant has stated that he seeks an opportunity to properly prepare and file and adequately supported writ application, and that the trial court denied his request for a transcript of the proceedings unless ordered by this court, there is no necessity for the trial court to order a transcript.

    The applicant is entitled to obtain a transcript of the proceeding directly from the court reporter. There also is no need to obtain permission from this court to supplement a writ application; supplements are considered if filed before this court rules on the merits."

    http://www.shreveporttimes.com/artic...text|FRONTPAGE

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    Court: Sheriff must provide room free of audio, video equipment

    A room free of audio, video surveillance or conferencing equipment must be provided to homicide suspect Brian Horn and his attorneys when they meet, the 2nd Circuit Court of Appeal ordered Thursday.

    The ruling is the second in as many days following a court hearing Tuesday in DeSoto District Court. Wednesday, the appellate court denied the request of Horn's defense counsel for an expedited hearing and extension that was filed after Judge Robert Burgess denied a stay of the day's proceedings.

    Thursday's order also states the sheriff has the authority to transport Horn to another facility if necessary, which is one of the options Sheriff Rodney Arbuckle said Thursday night he will consider. Arbuckle learned of the court's ruling late Thursday afternoon from District Attorney Richard Johnson. He'll decide today how he can comply with the 2nd Circuit's ruling.

    A window-lined interview room in the DeSoto Parish Detention Center is the designated meeting place for defendants and their attorneys. However, it has multiple purposes and is equipped with audio and video equipment for court appearances conducted by judges in their chambers.

    One of Horn's attorneys, Ross Owen, cited instances where the equipment appeared to be activated while he met with Horn. Sheriff's officials said incidents were brief and accidental and none of the conversations were overheard or recorded. The equipment must be activated from both sides for it to be fully operational.

    Finding another location in the detention center fitting the court's requirement is almost impossible, Arbuckle said. "As to how we can arrange it at this time, I don't know. I will have to go in tomorrow and look at it and see what we have," Arbuckle said Thursday night. "But basically our whole jail is videoed for security. There is no place that is not visually monitored."

    The complaint filed by Horn and his attorneys is the first since Arbuckle took office 2000. Horn, 35, of Keachi, is charged with first-degree murder in the March 30, 2010 death of Justin M. Bloxom, 12, of Stonewall. He faces the death penalty if convicted. A trial date is set Aug. 1.

    A number of other pretrial motions scheduled for Tuesday's hearing were postponed after Owen sought a stay based on his inability to prepare Horn's defense because of the fear their discussions were being monitored.

    http://www.shreveporttimes.com/artic...xt|FRONTPAGE|s

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    Brian Horn's summer trial a no-go

    MANSFIELD – The tentative summer trial date for the Keachi man accused in the death of a 12-year-old Stonewall boy won’t happen after all because of unresolved pretrial motions.

    District Judge Robert Burgess said Monday in a letter to the DeSoto Parish district attorney’s office and defense attorneys the pending motions are “crucial” and “this case is not in a posture for trial at this time.”

    He made the decision after conferring with the chief judge of the 3rd Judicial District in Lincoln Parish. Jury selection for Brian Horn’s capital murder case was to begin there Aug. 1. Once seated, the jury would have been transported to Mansfield for the trial.

    Court officials faced a deadline of Wednesday to make a firm decision in order for jury summons to be timely mailed. Instead, Burgess has set an Aug. 1 hearing date for the pending motions. No new trial date has been discussed.

    Horn, 35, a twice-convicted sex offender, is charged with first-degree murder in the March 30, 2010 death of Justin M. Bloxom, a North DeSoto Middle School student. Horn faces the death penalty if convicted.

    http://www.shreveporttimes.com/artic...er-trial-no-go

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    Judge denies Brian Horn's motions to suppress

    Homicide suspect Brian Horn's attempt to suppress statements made to DeSoto Parish sheriff's investigators during two interviews along with evidence seized from his home were unsuccessful.

    District Judge Robert Burgess denied Horn's motions, saying in both instances the state met its burden in proving Horn's comments were voluntary and a subsequent search of his home was permissible.

    Horn, charged with first-degree murder in the March 30, 2010, death of Justin Bloxom, 12, of Stonewall, gave limited statements to DeSoto Parish sheriff's investigators after his arrest that day; however, his attorneys still wanted them thrown out.

    Horn's only acknowledgment was to admit being a taxi driver who ran out of gas, walked to Kickapoo to retrieve gas, then walk back. He also denied having a boy in his taxi and being near the crime scene. But Horn said if he was in the area, then he took a wrong turn.

    The statements are not a confession. Still, prosecutors maintain the admission shows Horn's involvement. Horn suggested the comments were made under duress.

    Burgess rejected the claim, noting Horn was read his Miranda rights on multiple occasions and voluntarily participated in the brief interviews, which were stopped once he asked for an attorney.

    The evidence, Burgess said, shows no "degree of malevolence or manipulation on behalf of the officers."

    He cited similar findings in refuting Horn's contention that clothing and a computer taken from his home were done so during an illegal search.

    Horn's wife, Amanda Horn, testified she gave permission for the search after Horn was detained for questioning in Bloxom's death.

    While she admitted she was unaware she had a right to refuse the search, "she expressed no misgivings or reservations that the search was conducted," Burgess said in his ruling determining "free and voluntary" consent was given.

    No date has been set for Horn's trial. Prosecutors are seeking the death penalty.

    http://www.shreveporttimes.com/artic...text|FRONTPAGE

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    Special prosecutor named in child's murder case

    DeSoto District Attorney Richard Johnson has named Caddo Assistant District Attorney Brady O'Callaghan as a special prosecutor to assist in the capital murder trial of the man accused in the death of a Stonewall boy.

    The decision comes more than a year and a half after the March 30, 2010, death of 12-year-old Justin M. Bloxom and after numerous pretrial court hearings and one postponed trial date. Brian Horn, 35, of Keachi, faces the death penalty if convicted of first-degree murder in Bloxom's death.

    The timing of O'Callaghan's appointment was not specifically addressed by Johnson in a telephone interview or follow-up email. The case was set for trial in August with jury selection to take place in Lincoln Parish. District Judge Robert Burgess called it off in July because of the unresolved pretrial motions.

    Instead, Johnson said, "Quite frankly, the appointing of a special prosecutor does not equate to incompetence by our office but rather to a desire by our office to use every means possible to achieve a just result in this case. This is not a case for self-glory but rather a case to ensure that justice is done for Justin Bloxom. As such, we will elicit resources from all sources, both local, state and federal to ensure that justice is done."

    Utilizing special prosecutors — especially those experienced in potential death penalty cases — is a common practice. Before taking a position with the state attorney general's office, attorney Cliff Strider was hired by district attorneys to prosecute capital murder cases in local parishes such as DeSoto, Sabine and Red River and others across the state.

    Johnson and Assistant District Attorney Ron Stamps have been involved with first-degree murder cases but never served as lead counsel in one that's gone before a jury. O'Callaghan has prosecuted many high-profile murder cases, including the May 2009 conviction of Felton Dorsey, who was sentenced to death in the murder of retired Caddo Fire Capt. Joe Prock.

    O'Callaghan's help will come at no cost to DeSoto Parish through the arrangement approved by Caddo Parish District Attorney Charles Scott.

    Because of the importance of this case, we are mustering the best possible team to prosecute it. The approach that I am using of appointing a specially trained special prosecutor is no different than the approach that many small jurisdictions have been using for years," Johnson said in the email.

    He also pointed to the multi-jurisdictional aspect of the case that involves law enforcement in DeSoto, Caddo and Bossier parishes.

    No new trial date is set but it won't happen this year, Johnson said, basing his statement on conversations with Burgess. Subpoenas have been issued for a Nov. 9 hearing in which pending motions will be discussed.

    Horn is accused of portraying himself as a teenage girl through cellphone text messages in communication with Bloxom. Authorities said Horn drove his taxi to pick up Bloxom from a friend's house on the pretense of meeting the girl. He ran out of gas on U.S. Highway 171 just south of Stonewall. Bloxom's body was found in a wooded area across the fence hours after he had been reported missing. Horn has pleaded not guilty.

    http://www.shreveporttimes.com/artic...text|FRONTPAGE

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