[Oquawka] Trial won't include Boyd's kill statement
Anne Warfield
Peoria [IL] Journal Star--
Trial won't include Boyd's kill statement
But prosecutors say it may be relevant to sentencing if he's convicted
July 23, 2002
By JODI POSPESCHIL
of the Journal Star
OQUAWKA - An allegation that a Galesburg man said he wanted to kill
someone "to see how it felt" will not be used against him in his
upcoming murder trial, attorneys on both sides agreed Monday.
Brian Boyd, 23, is scheduled to stand trial Aug. 19 on nine counts of
first-degree murder and one count of attempted first-degree murder. He
is charged in the May 2001 killing of Oquawka fisherman Dwight Vice,
36, and the wounding of his son, Darrell Vice, now 13, at their rural
Oquawka home.
In a change of venue, the trial will be held in McDonough County
instead of Henderson County.
Boyd's brother, John Boyd, 26, of Knoxville, was found guilty in May
on identical charges. He was sentenced earlier this month to 110 years
in prison.
Prosecutors agreed Monday with a defense motion that asked that
statements by Brian Boyd's girlfriend, April Jo Weaver, 24, of Prairie
City, be stricken from the trial because they were not specific to the
Oquawka case.
Weaver testified Monday that Brian Boyd told her many times he wanted
to kill someone "to see how it felt."
Prosecutors also said, however, that if Boyd is convicted, they will
seek to use the statement in determining his sentence.
Also Monday, defense attorney Jeremy Karlin sought to suppress
statements made by Brian Boyd to police during early interviews in the
case. Karlin argued that Brian Boyd asked for an attorney but was not
given one.
Judge John Clerkin took Karlin's motion under advisement.
A tape played in court on Monday showed Brian Boyd looking at the
floor of the interview room and saying, "I need a lawyer or something
because I don't know what the (expletive) to do. Oh, man."
The two officers conducting the interview, Dennis Shepherd of the
Galesburg Police Department and Ken Kedzior of the Illinois State
Police, both testified they thought Boyd's comments were those of a
man talking to himself.
Both officers said that after Brian Boyd made the statement, he
willingly continued to talk about his whereabouts the night Vice was
killed.
Karlin said police have "habitually" ignored requests for attorneys in
the case.
Stephen Howerton of Galesburg also was charged with murder and
attempted murder. Statements he made to police were thrown out because
he made several requests for an attorney that were not granted.
Prosecutors argued Monday that Brian Boyd willingly talked to police
after they told him he had a right to remain silent and a right to an
attorney.
"The only thing we didn't hear about (from Karlin) was a rubber hose
and a big heated light hanging over this guy," said Ed Parkinson of
the Appellate Prosecutor's Office in Springfield.
http://pjstar.com/news/regional/g109092a.html
--
Anne Warfield
indigoace at goodsol period com
http://www.goodsol.com/cats/