The Hancock-Henderson Quill, Inc.
Judge ruling adds leverage to pressure "America's Most Wanted' producer Tom Morris, to comply
By David Grimes -Quill correspondent
OQUAWKA, Ill. Attorneys for murder defendant John Boyd are seeking an unedited version of a videotape by "America's Most Wanted" of an interview with Darrell Vice, son of murder victim Dwight Vice.
Judge John Clerkin ruled Friday in favor of a defense motion requesting a certificate to add leverage to a subpoena served to "America's Most Wanted" producer Tom Morris.
Boyd, one of four defendants in the murder of commercial fisherman Dwight Vice, 36, of rural Oquawka, is set to go on trial May 6 in McDonough County Circuit Court in Macomb.
Attorney John Rehn said Morris had not responded to the subpoena that seeks a copy of the producer's interview with Vice's son, Darrell, 13 who was injured in the May 4 attack that left him paralyzed and his father dead prior to the taping of an episode for "America's Most Wanted" dealing with the events of that night.
The episode aired locally in February.
Clerkin agreed to the request, as well as seven other defense motions, including one asking the court to help secure a list of names and addresses of witnesses that would be called by the state in the sentencing phase of the trial.
"Specificity is necessary," Clerkin told Henderson County State's Attorney David Vancil Jr. in ruling on the motion.
Clerkin set a Friday deadline for compliance.
"These orders are meant to be obeyed by April 12," he said. "There are sanctions that can be imposed if they are not."
Clerkin also granted defense motions requesting names and addresses of potential jurors, resumes of state expert witnesses, the right for prosecution and defense to ask followÐup questions of potential jurors regarding life or death sentencing and trial publicity, that jurors be questioned as a whole and individually on those two issues, that Dr. Violet Hnilica be paid her professional fee for her part in a deposition hearing and limiting state testimony and evidence during the sentencing phase of the trial.
Clerkin denied two defense motions that also dealt with evidence.
The defense requested that more than 190 exhibits listed by the state and 110 photographs taken during Vice's autopsy be narrowed before trial.
Special Prosecutor Ed Parkinson said the motion was an attempt by the defense to have the court rule on the issue in advance of the trial. Parkinson also pointed to the fact that the defense already had filed 70 pretrial motions to refute the defense's alleged concern about saving time.
"And I bet they're not done yet," he said.
Clerkin denied the motion.
A second motion Clerkin denied dealt with exclusion of photos taken of Darrell Vice during the time he spent at the hospital, stills taken from surveillance camera footage of Boyd and coÐdefendant Dimitrious Androutsopolous, Fairview, Ill., who is still at large, at Danny's Tap, a Monmouth, Ill., bar, and 110 autopsy photos of Dwight Vice.
The defense said the photos were prejudicial, cumulative, irrelevant and had no probative value.
Vancil countered by asking the court to use its discretion during the trial rather than ruling prior to the court date.
Before adjourning for the day, Clerkin told both the state and defense that he expects April 19 to be the final court date for pretrial business, but added he would be available for court on April 26 and May 3 if necessary.