Tracey Martin, the attorney for Vaden, 22, Carl Junction, who is charged with second degree murder and felony child abuse for the murder of three-year-old Jayda Kyle, filed a motion Friday asking for Dankelson to recuse himself because of his close relationship with Jayda's maternal grandfather Judd McPherson and with Carl Junction Police Chief Delmar Haase whose department investigated the murder.
Dankelson insisted this morning that he did not have a close relationship with McPherson and while he and Haase are friends they do not go to each other's homes or attend social gatherings together.
Dankelson also pointed out that McPherson's name was not even on the witness list. That comes as something of a surprise, since McPherson's wife Carmen is listed. The witness list was filed in Jasper County Circuit Court today.
Though, Haase's name is on the witness list, Dankelson said it did not matter because the murder investigation was almost immediately turned over to the Jasper County Sheriff's Office.
That assertion seems to be at odds with the witness list which shows eight Carl Junction police officers, including Haase, listed as witnesses.
The refusal to recuse was a bit unexpected since normally ethical judges will err on the side of caution when asked to recuse themselves from cases in which there is even a hint of a conflict of interest.
In this case, the result was the same. After Dankelson's refusal to recuse, Martin asked for a change of judge, which under Missouri law is granted automatically.
Essentially, Dankelson's initial refusal meant that Martin will no longer have the ability to request an automatic change of judge, though she retains the right to ask for a change of judge for cause.
The next hearing is scheduled for 9 a.m. February 5 before Judge David Mouton.
Previous posts
Jalen Vaden bond decision delayed, preliminary hearing waived
Accused killer of Jayda Kyle to waive preliminary hearing
Bond motion filed for accused killer of three-year-old Jayda Kyle
Jasper County Sheriff: We are still investigating Jayda Kyle's death
Children's Division documents: Grandfather attempting to manipulate Jayda Kyle murder investigation
Juvenile Office documents: Jayda Kyle suffered bleeding from brain, severely torn retina, probably already brain dead when she arrived in K. C.
Some thoughts on the Joplin Globe's article on the Jayda Kyle murder investigation
Probable cause: Carl Junction man abused three-year-old, left her on the floor bloody, unconscious
Jayda Kyle obituary
24 comments:
So they did get a change of judge?
9:50 - YES. See the final sentence ...
Wow! Good ol boy system at its finest!!
They need a change of venue in order to have a fair trial.
The attorney stated the Judge would be unfair because he was a neighbor to Judd. The attorney lives closer to the Judge!
Judge Dankleson is not being unethical just because he states the truth!
Everyone knows Judd supported Dankelson for judge. As a matter of fact, didn't he defend him multiple times on Facebook when Turner called him out for other ethical problems?
This county is a joke.
@11:45 good luck getting any common sense to the readership of this blog.
There is no way anyone can expect this man to get a fair trial. I would have a very hard time believing any jurist who would state they have heard nothing about this case. I don't get our local news channels but I've darn sure heard about it, read about, seen posts of released documents, the list is endless.
Apparently his attorney dont think the trial should be moved out of this county
This case is very muddy...
2:34 PM - They know each other and the thought of Dankleson claiming that he doesn't goes to show the caliber of his moral compass.
Such a joke! The only way to fix it is by firing them all and starting over. Clean the swamp as the President likes to say.
3:59 PM - You're on this blog, does that mean you also lack common sense?
Maybe Dankleson was setting it so for a mistrail by not stepping down? Don't get me wrong, I think he's an ass but Tracey would have had just cause for mistrail.
You make me sick Dankelson!
Too many of you have a personal hatred for the McPherson family. Your comments are not helpful.
Also they remind me of the old saying "I may be fat but you are stupid, and I can lose weight".
No this isn't Judd or any of his family. I'm just someone who wants to see justice served.
Judd's weight & Dankleson's have nothing to do with anything.
Childish and hateful remarks.
We get that you hate attorneys and judges, so what makes Ms Martin stand out above the rest? When will her skeletons come out of the closet?
Amen!
9:52- What does Martin's personal life have to do with anything? What a stupid comment. She is doing a job that no one in this county had the balls to do. Also, she didn't cover up for her murderous daughter. Judd is under a microscope because he put himself in that position. Dankelson knows darn good and well he is buddies with McPherson. It's quite comical. Then again, I didn't vote for the man. Blame all the uneducated and head in the sand people who did. Anyone with eyeballs has seen this corruption for years. Judd, your day is coming. It is well deserved. Your lies and good ole boy tactics and opportunistic, fake personality is being shown for what it truly is. There is a God.
That’s not how the law works...
There definitely is a God.
You should read your Bible more.
"The greatest of these is love"
All your statements prove that you don't have love for your brother.
The word of God teaches us that we need to show love and never hate or jealousy. I see both in your comments.
Sad.
Instead you should pray for justice and let it all work out.
9:32 AM - You're right! I can't stand the McPherson's or what they represent. I'm tired of differing standards in this county! If you or I did this, we'd hang!
This judge needs to be held accountable. We know that you and Judd are buddies which means you're a liar. This just ruined your credibility but it doesn't sound like you really had a lot of that anyways. He needs stripped of his duties and sent down the road.
There are good and honest people that are more worthy of such a position.
Dankelson sucks and so does Judd! What a joke!
Dankelson! You should be very worried about your job at this point. You screwed the pooch too!
Just wanted to remind you.
People are tired of Jasper County "justice!"
We want good and honest people which excludes you.
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