Correction: DeBolt declined ride
There was an error in the Great Bend Tribune’s July 12 story about text messages reportedly exchanged between Adam Joseph Longoria and Alicia DeBolt on July 31, 2010.
According to motions filed in Barton County District Court, on that day Longoria texted to DeBolt, offering her a ride to a party, but she replied she was already there. The Tribune story said he later offered her a ride home but she did not respond. The prosecution’s narrative of this incident actually says, "Alicia told him no."
A story in last Friday’s Tribune also misstated the date of Longoria’s next court appearance as "June 21." The hearing is set for 9 a.m. on July 21 in Barton County District Court.
Defense attorneys for Adam Joseph Longoria have asked for a pre-trial hearing to determine what photos will be admitted at his capital murder trial. His attorneys also want a hearing in October or November, in addition to the one scheduled for 9 a.m. on July 21, to deal with pre-trial motions.
Longoria is charged in the death of 14-year-old Alicia DeBolt last August in Barton County. In seeking the death penalty, the Kansas Attorney General’s Office has charged him with first-degree murder committed after attempting to rape the victim, and indecent liberties with a child.
The state filed 22 new motions in the case on June 30, and on Monday the defense filed three new motions. In one, attorneys with the Kansas Death Penalty Defense Unit said they will not be able to properly respond to all of the prosecution’s pending motions by next week.
Defense attorneys previously filed motions asking District Judge Hannelore Kitts to limit photos shown at Longoria’s trial. The defense seeks to keep the number of "gruesome photos" to a minimum, to avoid prejudicing the jury. It also does not want the jury to see any photos taken before the girl’s death, for the same reason.
Motions filed by prosecutors on June 30 ask the court to allow crime scene photos and autopsy photos, along with a photo of Alicia DeBolt taken prior to her death.
She was seen getting into a dark colored SUV at 11 p.m. on the night of Aug. 21, 2010, and a missing person report was filed Aug. 22.
The state has multiple postmortem photos it wants to use, starting with photos and a video from the scene where her burned body was discovered on Aug. 23, 2010. Employees at the Venture Corporation asphalt plant near Dundee saw what appeared to be a burned mannequin on the property, but realized it was not a mannequin after noticing flies around the figure.
Dr. Scott Kipper of the Sedgwick County Regional Forensic Science Center in Wichita performed an autopsy on Aug. 25, 2010, positively identifying the body as Alicia DeBolt. The prosecution said these photos are also relevant to the case.
"Dr. Kipper noted DeBolt suffered extensive thermal injuries. Due in part to thermal injuries and decomposition, Dr. Kipper was unable to give a specific cause of death, but ruled the manner of death was homicidal violence. Based on the evidence, Dr. Kipper did not believe DeBolt was burned alive as initially suspected."
Prosecutors note that in the jury trial for State v. Hickles, the state introduced over 100 photos. While the prosecution suggests it will have fewer than 100 photos in this case, it says the photos are needed because "the prosecutor has the burden to prove all the elements of the crime charged and photographs to prove the elements of the crime, including the fact and manner of death and the violent nature of the crime, are relevant and admissible."
