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Shawgo attorneys argue Google definitions

Posted March 30, 2017 11:00 pm

By Pete Spitler Editor@heraldtrib.com

With trial proceedings scheduled to begin on April 17, the attorneys on both sides of Beau Shawgo's murder case argued pretrial motions on Friday.

Shawgo, 38, of Percy, is accused of first-degree murder in the death of 55-year-old Jeffrey "J.R." Welty, also of Percy, in connection to a fight at the Hide-Away Tavern in Percy on October 24, 2016.

Welty later died at Barnes-Jewish Hospital in St. Louis from his injuries.

While appearing to agree on most of the issues presented, Randolph County State's Attorney Jeremy Walker and defense attorney Justin Kuehn did argue over alternative definitions being presented to the jury and the inclusion of Shawgo's prior burglary conviction from 2012.

Also present for the hearing was Shawgo's co-counsel, C.J. Baricevic, who did not speak during the hearing.

In early March, Kuehn filed a five-page motion to bar potential prosecutorial questioning and arguments, as well as certain items of evidence, from being introduced at trial.

Also, Kuehn brought up something from Walker's closing arguments during the recent London Williams trial. In that case, Walker used a Google definition of the word "reasonable" in a powerpoint presentation during his closing arguments while discussing an interpretation of "lawful justification."

Kuehn's motion asked the court to issue a pretrial ruling to prevent Walker from using definitions, "or other legal tenets," not specifically included in the court's instructions.

In his response, filed March 27, Walker said the State is not seeking to "augment" any jury instructions by "potentially arguing the definition of words."

"The State is of the position that any such ruling by the court would be premature, and should be based on the evidence at trial, arguments during closing arguments, etc.," Walker wrote.

In front of Circuit Court Judge Richard A. Brown, Kuehn - who was also Williams's defense attorney - argued that it was "improper" to give the jury alternative definitions that weren't already supplied to them through Illinois Pattern Criminal Jury Instructions, which includes specific definitions of different words.

"When we put non-IPI instructions up there, that's when I have a problem," Kuehn said.

Walker argued that statements made during open and closing statements aren't considered evidence and that it was proper to bring up "reasonable" when the jury was asked to consider allegations of self-defense in the Williams case.

"I don't think it's impermissible," Walker said. "If the court decides, we won't do it again."

Brown ultimately sided with Kuehn on the argument, stating that Walker can explain the broad definition of certain words, but not mix IPI instructions with definitions that are not included.

"I think that can confuse the jury and as the discretion of a trial judge, I don't want that," he said.

The parties then argued Shawgo's Perry County (Ill.) burglary conviction, for which - according to court records - he was sentenced to 24 months probation, 24 days in jail and fined $3,450.

Kuehn argued that including the conviction is prejudicial for Shawgo in that the jury may formulate an opinion of his client based on that evidence and asked the court to balance the benefit versus the harm of that information.

"There is great prejudicial danger that he may be punished again for that than (the jury) deciding the issues in this case," he said.

Walker argued in his written response that the conviction is within 10 years and "strikes at the truth/veracity of the defendant."

In court, he alleged that Shawgo gave a statement to Randolph County Det. Donnie Krull "that doesn't quite conform to what the video shows."

Walker also said the surveillance video mentioned, taken from the Hide-Away Tavern, will be shown at trial.

Brown ruled in favor of Walker in that argument, calling burglary "a crime of dishonesty," that "deals with truthfulness and veracity."

"I think the defense can certainly explain and argue to the jury the limitedness of that information," he said.

Lastly, the parties discussed the vouching of other witnesses and "burden shifting." In his written response to Kuehn, Walker said there are "nuances" to what can be said and agreed not to engage in any burden shifting, but also objected to a blanket order.

"I think the motion puts him on notice," Kuehn said to Brown. "I don't think he will cross the line."

The parties also discussed jury selection. As he did prior to the Williams trial, Kuehn shared concerns about media coverage affecting any potential jurors.

"Any time a case is reported on, I worry somebody's going to say something in front of the 34 other jurors and we'll have to get a whole new panel," he said.

Brown stated that jurors will be asked if they have any prior knowledge of the case and if they do, to raise their hand to be questioned separately.

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