The Hancock-Henderson Quill, Inc.
By David Grimes, Quill Correspondent
OQUAWKA Less than a month after his older brother was convicted of murdering Dwight Vice a year ago, Brian O. Boyd was back in court Monday to set dates to hear defense motions prior to his Aug. 19 murder trial.
John R. Boyd, 26, of Knoxville, Ill., was found guilty of the firstdegree murder of Vice, 36, of rural Oquawka, on May 4, 2001. His younger brother, Brian, of Galesburg, and two other men also are charged in the brutal slaying over drugs and money.
Vice's son, Darrell, now 13, was left for dead in the assault. He was left permanently paralyzed in the attack and testified against John Boyd.
During a pretrial session Monday in Henderson County Circuit Court, dates were set for a number of defense motions, including a motion to force the state to turn over handwritten notes about the murder to defense attorneys Ray Kimbell and Jeremy Karlin.
Other motions included one for discovery on state witnesses and exhibits, one to bar
Darrell Vice from testifying at the second Boyd's trial, one to bar use of Brian Boyd's past convictions at trial and one to bar all statements made by Brian Boyd indicating a desire to kill.
Boyd's trial is set to begin Aug. 19 in McDonough County Circuit Court in Macomb on a change of venue. Both the state and defense estimate the trial will last three or four weeks, including jury selection, as did the elder Boyd's trial.
Asked by Judge John Clerkin for a number of witnesses expected to testify, Henderson County State's Attorney David Vancil estimated fewer than 50. Kimbell estimated the defense's number to be fewer than 10.
Future pretrial dates scheduled by the court Monday include deadlines of July 22 and July 29, respectively, for defense and state motions.
The defense also requested transcripts from the John Boyd trial. Clerkin also set Aug. 5 as the date by which counsel for both sides must submit trial readiness certificates. Clerkin said any stipulation from the defense or prosecution regarding the jury selection process must be submitted by Aug. 5.
John Boyd's sentencing is scheduled for July 8 and 9.
Stephen Howerton, 23, of Galesburg also is charged with murder in the case, but testified against John Boyd in a plea agreement with prosecutors. The terms of the agreement have not been disclosed and the charges remain in force, with Howerton currently under electronic surveillance and house arrest.
Greek national Dimitrious Androutsopolous, a co-worker of John Boyd, also is charged in the attack but has not been arrested despite a nationwide manhunt. Authorities believe he may have fled the country.