HUTCHINSON, Kan. – At a motion hearing Thursday for the case of a 16 year old charged with two counts of first-degree murder, Judge Trish Rose denied a defense request to ban showing a video of the defendant in open court during a motion to suppress hearing scheduled for next week.
Samuel Vonachen is charged in the case for setting a fire in his family’s home that killed his mother and sister. The video, which was shown in previous hearings, shows the defendant admitting to crimes. His attorney, John Henderson, had concerns that showing the video again could cause another waive of publicity denying his client a fair trial. He didn’t want the entire video shown in the presence of the media and the public.
But, Judge Rose ruled that during a suppression hearing, the state has the burden of proof and should be allowed to present whatever evidence they choose. She did agree with a suggestion from Senior Assistant District Attorney Steve Maxwell to not allow the video to be taped again during that hearing. However, that is a moot point since the Wichita television stations had already taped it from an earlier hearing.
The defense also wanted 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 state indicated in court that the doctor will only testify to what is in the report from that interview and the defense has that, which Maxwell described as extensive.
The state also objected to the defense sending any tapes for the judge’s review prior to that hearing, saying they’re not stipulating to anything. Maxwell says they should be shown in open court.
The case centers on Vonachen, who was 14 at the time, allegedly spreading gas through the downstairs of his family’s home, then setting it on fire. This occurred back on Sept. 26, 2013. the fire killed his mother and sister.
The motion to suppress hearing is scheduled for Oct. 29 in front of Judge Rose.