Monday, April 02, 2018
Jasper County detective acknowledges Devyn Kyle's mention of McPherson treated differently than Jalen Vaden's
When Devyn Kyle asked if she could call her dad, attorney Judd McPherson, Jasper County Sheriff's Office Det. Jason Hutchins asked "clarifying questions" to determine if she was invoking her right to an attorney.
When Devyn Kyle's live-in boyfriend Jalen Vaden asked, "Is Judd here," Hutchins said no and the December 6 interrogation that led to his arrest on charges of second degree murder and felony child abuse continued without delay.
During an approximately 45-minute hearing this morning in Jasper County Division 3 Court, Vaden's lawyer Tracey Martin presented evidence that McPherson acted on Vaden's behalf with the Jasper County Children's Division to allow him to be able to be with Jayda while she was being treated at Children's Mercy Hospital in Kansas City prior to her death on December 2.
"Never," Kirkland said.
Hutchins acknowledged during his cross-examination by Martin that he was aware McPherson had been dealing with the Children's Division.
Jasper County Prosecuting Attorney Theresa Kenney argued that the only thing that mattered was that Vaden had acknowledged his Miranda rights after they were read to him and had never invoked his right to an attorney.
Having the Jasper County prosecuting attorney handling the hearing was a sign not only of the high profile nature of the case, but also of a different approach by the office.
During the time when Kenney's predecessor was in the office, it seemed that Jasper County had more Sasquatch sightings than credible reports of Dean Dankelson standing before a judge.
Hutchins was Kenney's only witness. During the examination, Hutchins said Vaden never indicated McPherson was his attorney at any time during the approximately 90-minute interview.
As Martin questioned him, Hutchins said he treated Vaden's mention of McPherson differently from Devyn Kyle's because "It was a different circumstance with a different party."
Hutchins said Valen was not in custody when he was questioned and could have left at any time, but acknowledged under Martin's questioning that he had been brought to his questioning by the sheriff's office and handed over his cell phone before the interview began.
Judge David Mouton was provided with a DVD of Vaden's questioning, which Kenney noted would show that at no time did Vaden ask for an attorney.
Martin argued that it did not matter what Vaden said after the point about five minutes into the recording when he asked, "Is Judd here??
McPherson, who had been subpoenaed, was not called as a witness.
Vaden, in Jasper County Jail orange and handcuffed attended the hearing,
Mouton said he would take the motion under advisement.
The next hearing in the case is scheduled for Monday, April 16.