Originally Published: January 4, 2014 6 a.m.
PRESCOTT - The attorney for Steven DeMocker, convicted in his ex-wife's murder, is once again asking a judge to throw out the case against his client, claiming that the Yavapai County Attorney's Office is continuing to violate his client's rights with "impunity."
DeMocker was found guilty in October of killing Carol Kennedy, his ex-wife, in a July 2008 attack with a golf club.
He's been awaiting sentencing, but that has been put on hold in the wake of attorney Craig Williams' claim that DeMocker was "interrogated" by the commander of the Camp Verde jail, YCSO Captain David Rhodes, without his lawyers present. Williams argues that the conversation, which came after the verdict, violated DeMocker's Sixth Amendment rights.
In the latest filing, Williams attacked a prosecution statement that said because Williams had provided the state with a transcript of an interview done with Rhodes, it was "a tacit admission...that there was no information contained in the interviews that needed to be kept secret from the Yavapai County Attorney's Office."
Williams pointed out that a court order required him to disclose the transcript and that, in any case, Rhodes told prosecutor Jeff Paupore what he'd said in the interview, so the state already knew what would be in the transcript.
Williams made reference to last summer's "Docugate," in which YCAO staff members saw and printed material intended to be kept between the defense and the judge.
He also quoted County Attorney Sheila Polk from a Daily Courier article last year in which she said her office always discloses what it knows.
"Yet, here as in the 'Docugate' matter, the state did nothing to disclose what had happened, much less (as Polk said), 'bend over backwards to disclose anything that is remotely exculpatory,'" he said. "Once again, the state had to be caught."
Williams asserted that the YCAO does that because there's been no punish-
ment and predicted that, when the judge holds a hearing on the matter Wednesday, "the state will remember not using nor discussing information that they cannot remember having received."
He asked for sanctions to be imposed on YCAO for the alleged violation of DeMocker's Sixth Amendment rights.
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- DEMOCKER TRIAL: Docugate appeal thrown out by AZ Supreme Court
- DeMocker's 'docugate' claim goes back to Court of Appeals
- Democker's lawyer says divulging documents would be against the law