HUTCHINSON, Kan. – Another motion hearing is scheduled in the case of a 16 year old charged with two counts of first-degree murder for setting fire to the family home which killed his mother and sister.
Judge Trish Rose has scheduled the hearing in the case against Samuel Vonachen for Thursday morning involving a motion of limine and status hearing over the defense motion to suppress, which is scheduled for hearing on Oct. 29.
The defense is requesting a list of potential witnesses and exhibits the state intends to present at that hearing. Defense Attorney John Henderson says his motions states that they may be able to stipulate to certain facts and save the court time.
They also want a summary of what a psychologist will testify to who interviewed and did a competency evaluation of the defendant on his mental state at the time of his interrogation for the alleged crimes.
The defense is also objecting to the state playing the video tape of the interview the defendant did with police. He wants Judge Rose to view the tape prior to the hearing. He suggests that if there are specific portions the state wants to use during testimony, that portion of the video tape could be played. Henderson also complains in the motion over the publicity where he says the evidence was paraded in front of the media and worries whether his client can get a fair trial. He noted that the video was presented at the preliminary hearing and then made it to certain internet websites.
The state believes that the hearing and all evidence including any video should be open to the public and the media. Assistant District Attorney Steve Maxwell, in his response, says he plans to call 12 to 14 witnesses and present nine exhibits at the suppression hearing and says the defense already has that information. He goes on to say the state is not interested in any stipulations to any fact or piece of evidence and are not required to accept any stipulation.
Vonachen, who was 14 at the time, is accused of spreading gas through the downstairs of his family’s home, then setting 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 hearing Thursday will determine what happens at the suppression hearing next week.