By MATT MILNER Courier staff writer
August 29, 2008 11:13 am
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OTTUMWA — Some of the most critical pieces for Sheri Locke’s upcoming murder trial, like the proposed jury questionnaire, are sealed away from public view. That’s normal at this stage.
But what is available shows two potentially critical fights between the prosecution and the defense. Battles are shaping up over testimony about Locke’s emotional and mental state, as well as over whether Charles Denham’s prior record is relevant to the case.
Locke, 51, faces a charge of first-degree murder in connection with Denham’s shooting on Aug. 15, 2007. He died the next day. Both sides agree Locke shot Denham, though the defense contends it was self-defense.
Prosecutors are targeting four doctors on Locke’s witness list: Ronald Burges, Josefina Hizon, Kerrie Hill and Lois Michaud. The prosecution says Burges and Hill definitely were part of Locke’s mental health care, and believes that Hizon and Michaud were as well.
The prosecution’s filing describes the four as fact witnesses. The state objects to the four testifying because the defense cites a Dr. William Logan as its expert psychological witness.
It’s not clear what the doctors would testify to if called, but other papers in the file allude to allegations that Denham was violent toward Locke.
Eric Parrish, Locke’s attorney, made that explicit accusation in a defense filing.
“Charles Denham’s character for violence and aggression is an essential element of Sheri Locke’s defense,” Parrish wrote.
Those allegations form a base from which the defense is asking the judge to allow inclusion of Denham’s criminal record in the trial. The defense wants to bring in Denham’s 1974 federal conviction on firearms charges and a 1980 plea in federal court on charges of being a felon in possession of a firearm. Both those cases resulted in prison sentences.
Locke’s attorney also wants the court to allow testimony about Denham’s convictions in assault cases from 1988 and 1994. Perhaps the most interesting prior case is a trespassing plea by Denham. He entered the guilty plea on Aug. 15, 2007, less than 24 hours before he died. Locke filed the complaint that led to the charge.
“The specific nature of the Defendant’s relationship with Charles Denham, the reported volatility of that relationship, and the specific acts Charles Denham is alleged to have engaged in make these prior convictions valid tools in evaluating who ... was the aggressor on August 15, 2007,” wrote Parrish.
The most recent major ruling on a motion that could have impacted the trial came a month ago, when the judge overruled a defense attempt to suppress Locke’s statements to police in the wake of the shooting. The judge did not agree that the statements were coerced or improperly obtained.
Locke’s trial is currently set for Sept. 23. There have been multiple delays in the trial date, but no motions for a continuance are currently pending.
Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com
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