HUTCHINSON, Kan. – The defense for a Hutchinson teen accused of killing his mother and sister was granted more time for a the disclosure of a report from an expert they hired.
The court has allowed the defense for Samuel Vonachen to file a notice of mental disease or defect as a defense when the case goes to trial.
His attorney, John Henderson argued that they have hired an expert, but given her schedule and prior obligations, she won’t be able to meet with Vonachen until early next month so the report won’t be ready by Sept. 28. He’s asking for it to be extended to Oct. 26.
The state objected to more delays saying that they have 13 witnesses scheduled to testify during another scheduled motion hearing set for Oct. 1. Senior Assistant District Attorney Steve Maxwell also argued that he may show videos that could last two hours alone. He also wanted the judge to advise the defendant that any delays by the defense would not count against the state when it comes to speedy trial rules.
Judge Trish Rose agreed to the extension of time for the mental report being given to the state extending the deadline to Oct. 28. She also continued the other motion hearing scheduled for Oct. 1, however, no new date was scheduled.
Vonachen is charged with two counts of first-degree murder, attempted first-degree murder and aggravated arson. Authorities allege Vonachen, who was 14 years old at the time, spread gas through the downstairs of his family’s home, then set it on fire. This occurred back on Sept. 26, 2013. His 11-year-old sister and 47-year-old mother died in the fire. His father, however, was able to escape.
The trial has been delayed so that this expert hired by the defense can spend time with Vonachen and when they learn the outcome of that report, they’ll know how the case should proceed from there. The state indicated that depending on what that reports shows, they may ask that the defendant be sent to Larned.