JimmyCsays: At the juncture of journalism and daily life in KC

There’ve been incremental developments in two big murder cases in our area.

In the Jackson County case of David Jungerman, charged with murder in the killing of lawyer Thomas Pickert, the prosecutor’s office has filed a motion opposing Jungerman’s attempt to either move the trial outside of the county or bring in a jury from another county. (I don’t think either scenario is likely.)

In the Cass County case of Kylr Yust, charged in the slayings of Kara Kopetsky and Jessica Runions, Yust’s attorneys have redoubled their efforts to keep Yust out of court, saying he suffers from “anxiety and depression” and “extreme anxiety about appearing in court.” (I don’t blame him.)

Let’s take a closer look at these two cases, which are moving ever closer to trial.

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Jungerman

Attorneys for the state and Jungerman met in Judge John M. Torrence’s chambers Friday to talk about the case. Since it was not held in open court, the conference was not open to the public, and I could not attend. I understand, however, the meeting had to do with jury selection.

Judge Torrence has yet to rule on Jungerman’s motion for a “change of venue.” Jungerman’s attorneys contend he can’t get a fair trial in Jackson County — or at least with a Jackson County jury — because of extensive publicity about the case.

In a Nov. 1 motion objecting to a change of venue, the prosecution said the murder — and Jungerman’s presumed involvement — got a lot of publicity at first but that “the publicity has subsided.”

The motion cited a Missouri Supreme Court decision that said the law does not require that jurors be ignorant of the facts and issues reported by the media.

“In these days of swift widespread and diverse methods of communication,” the court said, “an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors will not have formed some impression or opinion as to the merits of the case.”

The question, then, the high court said, “is not whether the community remembers the case but whether the actual jurors of the case have fixed opinions such that they could not judge impartially whether the defendant was guilty…There must be a pattern of deep and bitter prejudice or a wave of public passion such that the seating of an impartial jury is impossible.”

Partly because of that and partly because jury selection was the subject of Friday’s conference, I doubt that Torrence is going to grant the change of venue. Look for him to rule soon that the case will be tried at the downtown courthouse, with Jackson County residents comprising the jury.

Torrence has scheduled evidentiary motions to be heard Dec. 13 and non-evidentiary motions Dec. 20.

Jury selection is scheduled to start Jan. 21.

The two main lawyers representing Jungerman are David S. Bell and Dan Ross.

Yust

A medical doctor hired by the defense diagnosed Yust with anxiety and depression and said he was not receiving appropriate treatment while being held in the Cass County Jail. Twice in recent months, his public-defender attorneys have filed objections to Yust being forced to appear in court for hearings. Judge William B. Collins has overruled the objections, and both times — the second time being last Monday — Yust has appeared as required in Harrisonville.

I wasn’t at either appearance, so I don’t know how he looked or acted.

In October, the Missouri Department of Mental Health filed a report saying psychologists with the state had determined Yust was competent to assist in his defense. However, the psychologists also recommended that Yust be seen by a mental health professional and get appropriate treatment.

Subsequently, Judge Collins ordered that another evaluation take place by mid-December.

Meanwhile, two hearings are scheduled next month — one on Dec. 2, the other on Dec. 19.

A trial date has not been set.

Representing Yust are two public defenders out of St. Louis — Sharon Turlington and Matt Vigil.