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Thread: Darrell Bryant Ketchner - Arizona

  1. #31
    Administrator Heidi's Avatar
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    Mohave County to retry death penalty case

    Every person deserves his or her day in court.

    Some of them get more than one.

    More than two months after the Arizona Supreme Court overturned the murder conviction - and subsequent death penalty - of Darrell Bryant Ketchner, 57, the Mohave County Attorney's office has decided to retry the case. They have done so despite the fact Ketchner will still remain in prison for the rest of his natural life due to convictions that were not reversed and add up to a 75-year term.

    But that time would not be served on death row, where Mohave County Attorney Matt Smith firmly believes Ketchner should be.

    On July 4, 2009, a raging Ketchner violated a restraining order and barged into the Pacific Avenue home of his estranged girlfriend, Jennifer Allison.

    There, he stabbed Allison's 18-year-old daughter Ariel Allison eight times, killing her. He also stabbed and shot Jennifer Allison in the head. Jennifer survived after a lengthy convalescence, which left her with no memories of that night.

    Ketchner was found passed out on the Cerbat Cliffs Golf Course the next day. He had the handgun he used to shoot Jennifer Allison - it was hers - pornographic movies, sex toys, zip ties and medications in his possession.

    Prosecutor Megan McCoy prosecuted Ketchner in a trial filled with drama and heartbreak.

    Defense attorneys David Shapiro and John Napper never challenged the state's contention that Ketchner killed Ariel Allison and grievously injured her mother. Instead, they argued Ketchner did not intend to kill and maim that night.

    Premeditation is a key component of a first-degree murder conviction, but the jury was not unanimous in that aspect of deliberations.

    Still, they found three other aggravating factors did exist, and that was sufficient for all 12 jurors to hand down the death penalty.

    They also found Ketchner guilty of attempted first-degree attempted murder, first-degree burglary and three counts of aggravated assault.

    Why was it overturned?

    The testimony of a single witness, Dr. Kathleen Ferraro, was sufficient for the Supreme Court to reverse the murder and burglary convictions, but the remaining convictions were upheld.

    The high court reversed the murder and burglary convictions because justices believe Ferraro's testimony focused on "domestic violence patterns and the general characteristics exhibited by domestic violence victims and abusers," according to the Supreme Court opinion.

    Napper objected to Ferraro testifying during the trial, arguing she would impermissibly create a profile that would unduly sway jurors. The issue was raised on appeal, and the high court agreed with Napper's argument that allowing Ferraro to testify was an abuse of discretion.

    Ferraro also testified to separation assault. Jennifer Allison had requested and been granted no less than three protective orders against Ketchner, and one was in effect the night he went to her Pacific Avenue home and killed her eldest daughter and tried to kill her.

    Ferraro said abusers are very dangerous when the victim attempts to end the relationship and they use violence to regain control.

    Mohave County attorneys disputed the contention that Ferraro offered profile evidence, arguing that Ferraro was called to testify not to show Ketchner fit the profile of a domestic violence abuser profile, but to show the relationship between the two was typical of abusive relationships.

    What now?

    Chief Deputy County Attorney Jace Zack said the case will begin as if it were on the eve of trial.

    While Zack has been advised Napper and Shapiro will again represent Ketchner, Napper is now the Yavapai County Public Defender and by law cannot retry the case. Whoever represents him, taxpayers will pay the bill.

    According to the Arizona Department of Corrections, Ketchner remains on death row despite the Supreme Court's reversal of his first-degree murder conviction.

    Whether he will be transferred to the Mohave County jail to await trial is up to the defense, said Zack. The issue will be decided based on which location would make it easier for them to communicate with Ketchner - here rather than at the Browning Unit, where death row is, in Florence.

    State law calls for such cases to be retried within 90 days from the Supreme Court's decision, but Zack said capital cases "always take longer."

    http://kdminer.com/main.asp?SectionI...rticleID=64952
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  2. #32
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    2009 capital punishment case back in local court

    A Mohave County judge ruled on several motions Wednesday concerning the county’s only death row inmate.

    In December, the Arizona Supreme Court overturned Darrell Bryant Ketchner’s conviction and sentencing for first-degree murder and burglary and remanded those charges back to Mohave County for a new trial. His conviction on three counts of aggravated assault and attempted murder was affirmed by the court.

    Ketchner, 57, was convicted in March 2013 of the six charges and sentenced to death for the murder charge. He previously pleaded guilty to a weapons charge and was sentenced to 15 years in prison on that charge.

    Ketchner’s first hearing since the December ruling was held Wednesday before Superior Court Judge Rick Williams at his Bullhead City courtroom. Ketchner remains on death row at the state prison. The judge set the next hearing for April 27.

    In one defense motion, the judge denied a motion to extend time to file a motion to remand the case back to the grand jury. The judge also allowed the court to provide grand jury transcripts to Ketchner’s attorney, David Goldberg. A second attorney, required in death penalty cases, may be appointed at the next hearing.

    Williams heard Ketchner’s first murder case and has been assigned to the case again. Williams was reassigned to Bullhead City in January and Ketchner will be his only felony criminal case. Ketchner again faces the death penalty for the murder charge.

    Justin Rector is the county’s only other death penalty case, for allegedly murdering an 8-year-old Bullhead City girl in September.

    Ketchner entered his ex-girlfriend Jennifer Allison’s Kingman home on the night of July 4, 2009, where she sat at the kitchen table with her 18-year-old daughter, Ariel Allison. Another daughter, her boyfriend, and three younger children belonging to Ketchner and Jennifer Allison were in another room.

    Ketchner started to hit Jennifer Allison, chased her outside and shot her in the head as she lay in the driveway. Ariel Allison was stabbed eight times in her mother’s bedroom. She later died. The other children escaped out a window. Jennifer Allison survived her wounds but had no memory of the attack.

    The Supreme Court ruled that testimony from a prosecutor’s witness was inadmissible evidence that required Ketchner’s conviction and sentence to be reversed. The prosecutor argued that Ketchner entered Jennifer Allison’s home to kill her to take control of the family he was losing.

    Ketchner’s defense attorneys admitted that their client killed Ariel Allison and the attack on her mother, but they argued that the murder was not premeditated but rather a sudden, volatile quarrel with heated passion and should not have been subject to a death sentence.

    http://www.mohavedailynews.com/news/...a8945e644.html
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  3. #33
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    Rector attorney takes county’s other death penalty case

    By JIM SECKLER
    The Mohave Daily News

    KINGMAN — A Mesa attorney, with an office in Kingman, now represents Mohave County’s two death penalty cases.

    Gerald Gavin has been assigned to represent Darrell Bryant Ketchner in his second murder trial. In December, the Arizona Supreme Court overturned Ketchner’s conviction and sentencing for first-degree murder and burglary and remanded the charges back for a new trial. His conviction for three counts of aggravated assault and attempted murder were upheld.

    Prosecutors are again seeking the death penalty against Ketchner, 56, in his upcoming second trial. The county’s only other capital case is Justin James Rector, who is charged with first-degree murder, kidnapping, child abuse and abandonment of a dead body for the kidnapping and murder of Isabella Grogan-Cannella Sept. 2, 2014. Gavin also represents Rector.

    Ketchner’s murder case is being heard before Superior Court Judge Rick Williams at his Bullhead City courtroom. Ketchner remains on death row at the state prison. The judge set the next hearing for June 8. Ketchner’s trial will be held in Kingman.

    Ketchner’s former appellate attorney, David Goldberg withdrew from the case. A second attorney, required in death penalty cases, will also be appointed.

    Ketchner entered Jennifer Allison’s Kingman home on the night of July 4, 2009, where she sat at the kitchen table with her 18-year-old daughter, Ariel Allison. Another daughter, her boyfriend and three younger children belonging to Ketchner and Jennifer Allison were in the other room.

    Ketchner allegedly started to hit his ex-girlfriend, Jennifer Allison, chased her outside and shot her in the head as she lay in the driveway. He also allegedly stabbed Ariel Allison eight times in her mother’s bedroom where she later died. The other children escaped out a window. Jennifer Allison survived her wounds but had no memory of the attack.

    The Supreme Court ruled that testimony from a prosecutor’s witness was inadmissible evidence that required Ketchner’s conviction and sentence to be reversed. The prosecutor argued that Ketchner entered Jennifer Allison’s home to kill her to take control of the family he was losing.

    http://www.mohavedailynews.com/news/...390bd68de.html

  4. #34
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    Next hearing for Ketchner set for January

    BULLHEAD CITY — A Kingman man whose murder conviction was overturned in December was back in Superior Court in Bullhead City on Wednesday.

    Darrell Bryant Ketchner, 56, is again charged with first-degree murder and burglary after the Arizona Supreme Court overturned Ketchner’s conviction and sentencing on those charges.

    Ketchner’s case is being heard before Superior Court Judge Rick Williams at his Bullhead City courtroom. Ketchner no longer sits on death row but remains at the state prison. The judge set another status hearing for Jan. 21, 2016. His murder trial is still months, if not years, away.

    Scottsdale attorney Randy Craig and Christopher Flores of Phoenix were recently assigned to represent Ketchner in his capital case. Prosecutors are again seeking the death penalty.

    The higher court affirmed Ketchner’s conviction and 75-year prison sentence for attempted murder and three other charges. He previous pleaded guilty to a weapons charge and was sentenced to 15 years in prison on that charge.

    Ketchner’s previous attorney, Gerald Gavin, still represents Justin James Rector for the kidnapping and murder of Isabella Grogan-Cannella Sept. 2, 2014, in Bullhead City. Rector and Ketchner are the county’s only two death penalty cases. Rector’s trial is set for Oct. 17, 2016.

    On the night of July 4, 2009, Ketchner entered a Kingman home and struck his ex-girlfriend, Jennifer Allison, as she sat at the kitchen table with her 18-year-old daughter, Ariel Allison, who was home for the summer. Ketchner chased Jennifer Allison outside and shot her in the head as she lay in the driveway.

    Ketchner also allegedly stabbed Ariel Allison, 18, eight times in her mother’s bedroom where she later died. The other children escaped out a window. Jennifer Allison survived her wounds.

    http://www.mohavedailynews.com/news/...115ea90ba.html

  5. #35
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    Attorney asks to withdraw from Ketchner case

    The attorney for a Kingman man whose murder conviction was overturned in December 2014 is asking to withdraw from the case.

    Darrell Bryant Ketchner, 57, is again charged with first-degree murder and burglary. Prosecutors are seeking the death penalty against Ketchner, one of two capital murder cases in Mohave County.

    Scottsdale attorney Randy Craig, filed a motion Friday to withdraw from the case, citing an irreconcilable conflict with his client.

    Craig asked the judge to set a hearing to argue his motion.

    Ketchner’s previous attorney, Gerald Gavin, also withdrew from the case after Ketchner asked for a new attorney, claiming there was a breakdown of trust and communication with Gavin.

    Superior Court Judge Rick Williams previously set Ketchner’s next hearing for today in Bullhead City to argue a determination of counsel. The judge allowed the hearing to be held in ex-parte, without the prosecutor or the public attending.

    The Arizona Supreme Court overturned Ketchner’s conviction and sentencing on the first-degree murder and burglary charges but the court affirmed Ketchner’s conviction and 75-year prison sentence for attempted murder and three other charges.

    He also previous pleaded guilty to a weapons charge and was sentenced to 15 years in prison on that charge.

    On the night of July 4, 2009, Ketchner entered a Kingman home and attacked his ex-girlfriend, Jennifer Allison, as she sat at the kitchen table with her 18-year-old daughter, Ariel Allison who was home for the summer.

    Ketchner chased Jennifer Allison outside and shot her in the head as she lay in the driveway.

    Ketchner also stabbed Ariel Allison, 18, eight times in her mother’s bedroom, where she later died. The other children escaped out a window.

    Jennifer Allison survived her wounds.

    Gavin still represents Justin James Rector for the kidnapping and murder of Isabella Grogan-Cannella Sept. 2, 2014, in Bullhead City. Rector, whose trial is set for Oct. 17, 2016, could face the death penalty if convicted.

    http://www.mohavedailynews.com/news/...1d7598124.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #36
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    Carousel of attorneys prolong Kingman death penalty case

    KINGMAN — A new attorney has been assigned to represent a Kingman murder suspect in his death penalty case.

    Darrell Bryant Ketchner, 58, is again charged with first-degree murder and burglary. His conviction and sentence on those charges were overturned in December 2014. Prosecutors are again seeking the death penalty against Ketchner, one of two death penalty cases in Mohave County.

    The Arizona Supreme Court upheld Ketchner’s conviction and 75-year prison sentence for attempted murder and three other charges. He is also serving a 15-year prison sentence on a separate weapons charge.

    Michael Reeves, from Phoenix, was appointed Monday as Ketchner’s latest primary defense attorney. Superior Court Judge Rick Williams set a status hearing for Aug. 26. Ketchner’s case is being heard in Bullhead City.

    Several previous attorneys have withdrawn from the case because of irreconcilable conflicts or lack of communication with Ketchner. Two qualified defense attorneys are required in a death penalty case. Christopher Flores, also of Phoenix, remains as co-counsel in Ketchner’s case.

    On the night of July 4, 2009, Ketchner attacked his ex-girlfriend, Jennifer Allison, as she sat at the kitchen table with her 18-year-old daughter, Ariel Allison, at her Kingman home. Ketchner chased Jennifer Allison outside and shot her in the head as she lay in the driveway.

    Ketchner went back inside and allegedly stabbed Ariel Allison, 18, eight times in her mother’s bedroom where she later died. Several other children escaped through a window. Jennifer Allison survived her wounds.

    http://www.mohavedailynews.com/news/....html?mode=jqm

  7. #37
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    Editorial:

    Kingman Daily Miner analysis: Delayed Justice

    Two young, beautiful lives were taken in horrible tragedies. Justice is waiting

    By Doug McMurdo
    The Kingman Daily Miner

    Nearly two and a half years have passed since Bella Grogan-Cannella’s partially clad body was found in a shallow grave in a Bullhead City wash.

    The man charged with killing the 8-year-old was quickly apprehended, jailed, and indicted on one count of first-degree murder and other alleged crimes.

    The horrific sexual assault and murder-by-strangulation gained national notoriety. Few victims are more sympathetic than an innocent child and Mohave County Attorney Matt Smith and his staff decided the now 28-year-old Justin James Rector, if ultimately convicted, should be subject to the death penalty.

    Defense attorneys came and went, but the one who stuck around is Gerald Gavin, a man who has filed dozens of documents for prosecutor Greg McPhillips to respond to and Mohave County Superior Court Judge Lee Jantzen to rule on.

    Gavin, a fierce opponent of the death penalty, has made it clear he will do whatever he legally can do to spare his client the ultimate punishment.

    One tactic is to draw things out, which he’s done. In 2014, Jantzen scheduled the trial for October – of 2016 – giving attorneys what appeared to be more than ample time to prepare.

    When it became obvious that date would never be met, Jantzen set a new trial date for May, tacking on another eight months.

    This isn’t a criticism of Gavin or anyone else involved in this case. When the state seeks to kill one of its citizens, exercising an abundance of due care to ensure a fair trial for the accused is not only a legal duty, but a moral imperative.

    But at what point does justice delayed become justice denied? The legal maxim requires justice to be speedy, but not to the point it becomes reckless. Clearly, Rector has and should be afforded every consideration.

    The Issue

    One of the primary conflicts between Gavin and McPhillips regards a mental health examination. Rector is under no legal obligation to submit to the examination. Gavin, however, has said he intends to have Rector examined, but not before he has gathered all of his mental health records. That process has been underway almost from the start of the case.

    McPhillips wants the examination to be conducted so a doctor could presumably determine Rector’s state of mind during the alleged attack and murder.

    While the process of gathering mental health records began more than two years ago, both Jantzen and McPhillips have voiced concerns in court hearings about how much longer this will take.

    McPhillips at a hearing on Jan. 27 said he was concerned about “having our eyes on the ball” regarding the mental health records. Jantzen agreed, telling Gavin he needed to “get to the end of the line” with his search.

    Gavin, for his part, said he anticipates Rector’s mental health history to be part of his defense strategy.

    Those examinations will have to take place sooner rather than later if the case is to remain on track for a May trial. Jantzen has not yet extended the date, but it’s expected he will, perhaps in March when Rector is next in court for a status hearing.

    Ketchner Trial

    Meanwhile, the second death penalty trial of Darrell Ketchner, the man who stabbed to death 18-year-old Ariel Allison and shot her mother, Jennifer Allison, on July 4, 2009, has been slowly and quietly moving forward since February 2014, when an appellate court determined the state permitted prejudicial testimony from a domestic violence expert. The higher court reversed the murder conviction and sent the case back to Mohave County to be retried.

    Ketchner never denied committing the crimes. His entire defense focused on avoiding the death penalty. Still, it took four years for that case to conclude, only to be sent back for another trial two years ago.

    When a Mohave County jury handed down the death penalty following Ketchner’s first trial in 2013, Jennifer Allison told the Miner she was pleased with the verdict.

    She said it gave her closure, but nearly eight years have gone by since that horrible night and closure continues to prove elusive.

    http://kdminer.com/news/2017/feb/05/...layed-justice/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #38
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    New judge sought in Kingman death penalty case

    By Jim Seckler
    Mohave Valley News

    KINGMAN — The attorney for a Kingman murder suspect is asking that the case be assigned to a different judge.

    Darrell Bryant Ketchner, 59, is charged with first-degree murder and burglary. Prosecutors are seeking the death penalty, one of two capital cases in Mohave County. Two qualified defense attorneys are required in a death penalty case.

    The Arizona Supreme Court overturned Ketchner’s conviction and sentence on the murder and burglary charges in December 2014. The high court upheld his conviction and prison sentence for attempted murder, three counts of aggravated assault and a weapons charge.

    Ketchner’s attorneys, Michael Reeves and Patricia Hubbard, both of Phoenix, filed a defense motion Monday for a change of judge. Ketchner’s case is being heard in Bullhead City before Superior Court Judge Rick Williams.

    The judge also allowed a defense motion for a Scottsdale psychologist, Dr. Jennifer Weller, to interview Ketchner at the Eyman state prison in Florence, where he is serving his sentence on the convictions that were upheld.

    On the night of July 4, 2009, Ketchner attacked his ex-girlfriend, Jennifer Allison, as she sat at her kitchen table with her 18-year-old daughter, Ariel Allison, at her Kingman home. Ketchner chased Jennifer Allison outside and shot her in the head as she lay in the driveway.

    Ketchner went back inside and allegedly stabbed Ariel Allison, 18, eight times in her mother’s bedroom, where she later died. Several other children escaped out a window. Jennifer Allison survived her wounds.

    Justin James Rector also faces the death penalty if convicted for the kidnapping and murder of 8-year-old Isabella Grogan-Cannella on Sept. 2, 2014, in Bullhead City.

    http://www.mohavedailynews.com/news/...181d5d059.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #39
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    Death penalty retrial projected for 2019

    By Jim Seckler
    Mohave Valley News

    KINGMAN — A retrial for a Kingman man facing the death penalty in the stabbing death of a Kingman woman won’t take place until 2019.


    Darrell Bryant Ketchner, 59, is charged with first-degree murder and burglary. Prosecutors are seeking the death penalty, one of two capital cases in Mohave County. Two qualified defense attorneys are required in a death penalty case.


    The Arizona Supreme Court overturned Ketchner’s murder conviction and death sentence in December 2014. The high court upheld his conviction and prison sentence for attempted murder, three counts of aggravated assault and a weapons charge.

    Ketchner, whose case is being heard before Superior Court Judge Rick Williams in Bullhead City, was back in court Tuesday morning with the judge allowing the prosecutor until Aug. 31 to respond to a defense motion. No trial date has been set, but the attorneys said they expected to be ready by the spring of 2019.


    Jennifer Allison sat at her kitchen table on the night of July 4, 2009, with her 18-year-old daughter, Ariel Allison, at their Kingman home. Ketchner chased Jennifer Allison outside and shot her in the head as she lay in the driveway.


    Ketchner went back inside and allegedly stabbed Ariel Allison eight times in her mother’s bedroom, where she later died. Several other children escaped through a window. Jennifer Allison survived her wounds.


    Justin James Rector, 29, is the county’s other death penalty trial. He is accused of kidnapping and killing 8-year-old Isabella Grogan-Cannella on Sept. 2, 2014, in Bullhead City.

    http://www.mohavedailynews.com/news/...5fc21c96f.html


    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #40
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Death penalty dropped from Ketchner case

    By JIM SECKLER
    The Mohave Daily News

    KINGMAN — A Kingman murder suspect no longer faces the death penalty for the stabbing death of a Kingman teenager.

    Darrell Bryant Ketchner, 59, is charged with first-degree murder and burglary. Prosecutors filed a motion Tuesday to withdraw the death penalty against the defendant, one of two capital cases in Mohave County.

    Reasons for withdrawing the death penalty include the lack of a speedy resolution to the case. The earliest trial date would be 2019. Multiple changes to the defense attorneys has also delayed the case.

    Even if Ketchner is convicted and was sentenced to death, imposing the death penalty would not be realistic due to lengthy appeal process. The defendant is likely to die in prison from natural causes while serving his sentence on his other charges, the motion stated.

    In a hearing Wednesday in Bullhead City, Superior Court Judge Rick Williams granted that motion to withdraw the death penalty against Ketchner. No trial date has been set.

    Justin James Rector, 29, remains the lone defendant in Mohave County to face the death penalty if he is convicted of the kidnapping and murder of 8-year-old Isabella Grogan-Cannella Sept. 2, 2014 in Bullhead City.

    The Arizona Supreme Court overturned Ketchner’s first murder conviction and death sentence in December 2014 and sent the case back to Mohave County to be retried. The high court upheld his conviction and prison sentence for attempted murder, three counts of aggravated assault and a weapons charge.

    On the night of July 4, 2009, Jennifer Allison sat at her kitchen table with her 18-year-old daughter, Ariel Allison, at their Kingman home. Ketchner arrived unannounced at the Allison’s home and chased Jennifer Allison outside and shot her in the head as she lay in the driveway.

    Ketchner went back inside and allegedly stabbed 18-year-old Ariel Allison eight times in her mother’s bedroom where she later died. Several other children escaped out a window. Jennifer Allison survived her wounds.

    Ketchner is represented by Michael Reeves and Patricia Hubbard, both of Phoenix, who filed a defense motion Monday for a change of judge.

    http://www.mohavedailynews.com/news/...57cfcd815.html
    In the Shadow of Your Wings
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