PRESCOTT - Using a memo related to the Iron Brotherhood investigation, attorneys for Steven DeMocker, convicted in the murder of his ex-wife, tried Wednesday night to have today's sentencing put on hold, but the judge in the case refused.
A jury found DeMocker, 60, guilty of first-degree murder in the death of Carol Kennedy in a July 2008 bludgeoning death, as well as six other counts: first-degree burglary, three counts of fraudulent schemes and artifices, evidence tampering, and a misdemeanor charge of contributing to the delinquency of a minor.
On Wednesday, his defense team filed a motion to delay the sentencing because, attorney Greg Parzych said, they had just found new evidence for the judge to consider.
Parzych wrote that on Tuesday, co-counsel Craig Williams received a phone call from former YCSO Sgt. Bill Suttle. Suttle was implicated in the December 2012 Iron Brotherhood bar fight and resigned from the sheriff's office.
Suttle told the defense attorneys that "it was his opinion that (YCSO) Captain (David) Rhodes has a character of untruthfulness." Parzych went on to say that Suttle gave specifics about why he said that.
Rhodes was a material witness in the trial, and, although Suttle's claims are still being investigated, Parzych said, the information "would have been highly relevant at trial had the defense known about it."
Parzych also asserts that a letter Suttle wrote, outlining his claim that Rhodes "lied" about Suttle during the Iron Brotherhood investigation, was never disclosed to the defense team. Parzych questioned why the letter, addressed to Sheriff Scott Mascher and County Attorney Sheila Polk, wasn't given to them when it arrived during the trial in August 2013.
"Defense counsel could have called Sgt. Suttle as a witness during its case," Parzych wrote. "Captain Rhodes also could have been recalled."
He asked for the sentencing to be continued until the investigation was complete.
Yesterday morning, Superior Court Judge Gary E. Donahoe issued a two-line order, noting that he had considered the motion and was denying it.
DeMocker is slated for a 9:30 a.m. appearance today, during which time he will have a mitigation/aggravation hearing and Donahoe will sentence him.
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