Judge cautions lawyers about murder references at Darren Deon Vann's death penalty trial
By Becky Jacobs
The Chicago Tribune
Attorneys must be careful how they refer to his other pending murder cases at Darren Deon Vann's death penalty trial this fall, a judge said.
Vann, 46, did not attend the hearing Friday in Lake Superior Court to address a motion filed by his defense team over what references could be made to his pending cases. He has been accused of killing seven women.
"We all want to make sure we're all on the same page with jury selection and trial," Gojko Kasich, one of Vann's attorneys, said.
Vann is scheduled for trial in October, with jury selection beginning in September, in the alleged murders of Afrikka Hardy, 19, of Chicago, and Anith Jones, 35, of Merrillville, records show.
Police found Hardy's body in a bathtub at a Motel 6 in Hammond and Jones' body in the basement of a vacant home on East 43rd Avenue in Gary in 2014, according to court records.
Vann faces more murder charges in a case that will be tried separately in the deaths of Teaira Batey, 28, of Gary; Tracy Martin, 41, of Gary; Kristine Williams, 36, of Gary; Sonya Billingsley, 52, of Gary; and Tanya Gatlin, 27, of Highland.
Prosecutors agreed Friday that those five womens' deaths will not be discussed at the October trial for the murders of Hardy and Jones.
"They're merely allegations at this point," Kasich said.
But if the defense brings up those five deaths, then prosecutors said they should be able to approach Judge Samuel Cappas about being able to address them in court.
"If they cross that line, I think we're entitled to talk about it," Bernard Carter, Lake County prosecutor, said.
Cappas cautioned the defense that "you have to characterize it accurately." The defense can't say Vann is a "Boy Scout guy with nothing else working in the background" and no other charges or cases, Cappas said.
"He hasn't been convicted of anything else as far as murders go in the state," Kasich said.
Kasich said that if this issue comes up, it would probably be at sentencing after any potential conviction.
With the death penalty at stake, Kasich said they may question if Vann's case is "the worst of the worst" by looking to see if the death penalty was sought in other cases, primarily in Indiana and Lake County, where a single defendant was charged with multiple murders.
"It seems to me the guy in Oklahoma City was pretty bad," Kasich said, referring to Timothy McVeigh, who was convicted in the deaths of 168 people in the bombing of the federal building there in 1995.
Cappas said the defense makes a "valid argument," but they still must be careful "how you craft your arguments" since the murders are charged in two separate cases.
In 2015, prosecutors asked to try Hardy's and Jones' deaths together because of a brown cord found at Vann's sister's Gary residence where Vann was arrested.
"The state proffers that the brown cord was used in the homicide of both Hardy and Jones," a motion states.
Prosecutors also claimed Hardy and Jones were the same "type" of targeted victims, advertising sexual services on social media sites, they said. A judge granted their request.
Cappas set Vann's next hearing on March 16 to address the defense's motions for protective orders of forensic phone analysis and the state's request for third party subpoenas.
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