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

After plunging into a months-long period of uncertainty, the Kylr Yust case is lurching its way back onto track.

At a 30-minute hearing in Cass County Circuit Court this morning, Judge William Collins told the prosecution and defense attorneys to keep their schedules open for a trial to be held in March or April or straddling those two months.

He said he would be scheduling case reviews weekly, if necessary, “so we can get this thing resolved.”

“We’re not going to get blindsided with new things like we have here the last year,” he added.

Yust has been in the Cass County Jail since October 2017, when he was charged with murdering Kara Kopetsky in 2007 and Jessica Runions in 2016. The women’s remains were found in a wooded area south of Belton in April 2017.

Late last year, the case seemingly was headed for trial in July, when two things happened: First, Covid-19 hit, and then Yust’s defense attorneys exposed a problem that could have jeopardized Yust’s right to a fair trial. The attorneys discovered that the Cass County Sheriff’s Office and a subcontractor that handles its phone system improperly recorded numerous client-attorney calls. In addition, it turned out, a number of client-attorney emails were unencrypted and all text communication was not secure.

The “communication” was accessible to all members of the Cass County Sheriff’s office, and two deputies accessed and listened to all or part of the phone calls between Yust and his attorneys.

A big question at the time was how deeply, if at all, the Cass County Prosecuting Attorney’s office was involved in the improper recordings and other communication snafus.

In light of the flaws, the defense moved to dismiss the case or at least remove the Cass County prosecutor’s office from the case.

Judge Collins appointed a “special master,” retired Judge James Bickel, to sort through the mess and determine if Yust’s rights had been fatally compromised. Two weeks ago, Judge Bickel ruled that the prosecutor’s office “was never provided the content of the above communications” and that neither of the sheriff’s deputies who recorded the calls would testify at trial, assuring that the verboten conversations would not be used against Yust.

Judge Bickel concluded that while Yust’s right to confidential communications had been violated, “the violations do not rise to the level of prejudice that will violate his right to a fair trial.” (Although the case will go forward, the defense would still be able to appeal Bickel’s ruling if Yust is subsequently tried and convicted.)

The privileged communication problem could, in the end, be eclipsed by the biggest issue of all: How strong a case does the prosecutor’s office have against Yust?

Here are some of the shortcomings…

— The Kopetsky case is now 13 years old, and the ticking clock and calendar almost always work in favor of the defense.

— If there is any physical evidence in either case, I believe it is scant. There’s been no indication of DNA evidence and no eyewitnesses that we know of.

— Yust has consistently denied to authorities that he killed either woman. He apparently told some people he killed one or both, but, as assistant prosecuting attorney Julie Tolle told Judge Collins today, all confessions are second, third or fourth hand.

— Sitting in the courtroom, Yust does not look the least bit menacing. He is slight and impassive. His hair is cut short, and while he has a lot of tattoos on his body, none are visible with his arms covered and his T-shirt covering most of his neck.

Besides those alleged confessions, here are some of the strengths…

— Yust dated both women, and he was reputed to be hot tempered. Runions was last seen in September 2016 leaving a gathering with Yust. Witnesses at the gathering said Yust was drinking heavily and “acting very possessive towards (Runions) and aggressive towards others at the party.”

— If the state can establish that Yust was the last person to see Runions alive and that he was acting possessive of her and aggressive toward others, it would be highly incriminating.

— The biggest thing the state has going for it is that there are no other suspects. I don’t think the defense will be able to show, credibly, that anyone else had a serious beef with either woman. In other words, who besides Yust would have had a motive?

— Judge Collins is going to keep the case moving forward.

**

Before testimony begins, Judge Collins and the attorneys will travel to St. Charles County, west of St. Louis, to select a jury. (The judge ruled earlier it would be too impossible to impanel an impartial jury in Cass County.)

After a jury has been selected, the jurors will come over to Cass County, where the case will be tried.

It’s going to get interesting. I guarantee it.