Updated story on AberdeenNews A request by an attorney representing the man accused in last weeks fatal stabbing to secure the crime scene was denied during a Thursday afternoon court hearing. John E. Hemminger, 33, of Aberdeen, is charged with premeditated attempted murder in the Dec. 7 stabbing. He was at the hearing. Jessica Goebel, 26, died Monday. Authorities say she was stabbed multiple times and also suffered a brain injury and fractured skull as a result of the assault. Hemmingers court-appointed attorney, Thomas Cogley, requested an order requiring law enforcement to re-secure the scene, which was Goebels home. But magistrate Judge Mark Anderson denied the request, citing a lack of statutory authority. The charge against Hemminger was filed before Goebel died. Chris White, chief deputy states attorney for Brown County, said that charge is likely to change to premeditated murder prior to Hemmingers preliminary hearing, which was set for 3 p.m. Jan. 23. Cogley said law enforcement officers processed and released the scene last week, but that the defense has a right to access the scene and explore all avenues of a defense. A number of people have had access to this residence, and this can impede our ability, Cogley said. He said considering Hemmingers charges could change, that heightens the need for the defense to get into the home. In response to the request, White said, law enforcement did nothing wrong in processing and releasing the scene. He also argued that the court has no jurisdiction in the matter. White said Hemminger does not have property interest in the residence. But, White said, his office has obtained permission from the property owner for the defense to have supervised access. Anderson said while the prosecution does have a duty to provide access to areas within its control, that duty ends once the scene has been released. Once the prosecution no longer has control of a place, its up to the defense to do what it can, Anderson said. With regards to Cogleys request to secure the scene, Anderson said, once a scene has been released, the court has no statutory authority to hold the property. Following the denial of both motions, Cogley asked Anderson why his client is being held. Anderson said Hemminger has made multiple appearances in court and has violated the conditions of his release on more than one occasion. Because of that history, the judge said, no bond was allowed. Anderson declined to set bond for Hemminger during a hearing last week. (((WARNING: THE OFFICIAL SITE HAS THE PICTURE OF JOHN HEMMINGER - THE PICTURE WAS REPLACED AS I DO NO WANT ANY PICTURES OF THAT MONSTER ON THIS PAGE)))
Posted on: Thu, 15 Jan 2015 23:58:17 +0000
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