Judge Orders Hearing Before Trial Continues; Jury Sent Home

The judge in the John Thuesen capital murder trial has order a hearing regarding an upcoming defense witness.

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Judge Orders Hearing Before Trial Continues; Jury Sent Home

Before the witnesses in the John Thuesen capital murder trial could even testify Thursday morning, Judge Travis Bryan III ordered a hearing regarding an upcoming defense witness. The jury was sent home and both legal counsels spent the remainder of the afternoon battling it out in front of the judge.

The case of the State vs. John Thuesen reads like a gripping pulp novel. The latest chapter of this page-turner has yet to be written. Thuesen’s attorney say they will not give their opening statements until they confirm if the medical witness can testify, arguing that their case hinges on his testimony. Attorney Michelle Esparza says “The opinions of Dr. Carlo could benefit the defense and lead the jury to spare the life of our client.” Dr. Carlo treated Thuesen six months prior to him meeting Rachel Joiner.

A US federal attorney told the courtroom the VA doctor will only be allowed to testify to Thuesen’s medical records at the time he cared for the defendant. The defense argued the doctor has the authority to form an opinion about Thuesen’s mental state during the killings of Rachel and Travis Joiner. The prosecution countered the defense’s claim saying questions about mitigation is objectionable and inadmissible.

The US attorney could ask the doctor not to testify under the law of the Department of Veterans Affairs. Judge Bryan says he can order the doctor to testify and if he does not, he could be held in contempt of court.

Both sides continued to debate additional evidence that has not been shown to the jury, including the 9-1-1 tape. The defense says the evidence will show Thuesen was remorseful following the shootings.


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