Telephone and personal visitation privileges for capital murder suspect Adam Joseph Longoria have been severed, except for arranged visits from immediate family.
A court order severing his phone privileges was ordered Friday by Barton County District Judge Hannelore Kitts, who also said any mail Longoria sends or receives must first be screened by his attorneys to make sure the communications also comply with her order.
Deputy Attorney General Victor Braden filed a motion requesting the order after Longoria conducted an interview with Wichita TV station KWCH from his jail cell in Barton County. Longoria is in custody of the Sedgwick County Jail, except when he return for court appearances, as he did last Thursday.
Braden had already planned to file a motion in August, seeking to admit previous interviews with KSN-TV and the Wichita Eagle.
"The State appreciates the goodies provided by the defendant, but enough is enough," Braden stated in his motion. "The defendant is jeopardizing his own case and for his own good needs to be silenced. In addition, he, through his own actions, has obliterated any opportunity for a change of venue."
Longoria is charged in the death of 14-year-old Alicia DeBolt of Great Bend last August. The State is seeking the death penalty as it alleges Longoria committed first-degree murder after attempting to rape the girl. Prosecutors are also seeking a charge of criminal solicitation of a child. He was bound over for trial last year, but has another preliminary hearing scheduled as the prosecution wishes to amend its original charges of first-degree murder committed after the crime of criminal sodomy. Charges that he stole a vehicle from Venture Corporation, where he once worked, have not changed.
The court issued an order last September that prohibits anyone involved in the case from making statements outside of court that could jeopardize his right to a fair trial. Braden called Longoria’s repeated conversations with the media an outrageous violation of that order.
KWCH reports Longoria called its "Eyewitness News" shortly after his court hearing. In the interview, Longoria maintains his innocence and comments on information that revealed DNA found in the victim’s mouth was that of another male. He says it shows law enforcement needs to focus on another individual.
Braden’s motion called the defendant’s comments shameful and said they "unjustly cause public safety concerns."
"The tests were completed and the results showed that the defendant was not the contributor of the DNA. The State is now in the process of evaluating if the contributor can be found. In most cases when this happens, it is an issue of contamination caused by the handling of the body or other environmental factors inherent in an exposed body case."
Braden said the male DNA found in DeBolt’s mouth during her autopsy was minuscule and required special testing that consumed the sample.
"The defendant’s appalling comments to the media concerning this testing and his suggestion that there is a killer on the loose are disgraceful. He should be ashamed of himself.
"The State has overwhelming evidence of an intentional killing that was thought over beforehand. It looks forward to presenting its evidence in court to 12 objective, impartial and unbiased jurors from Barton County."
Other DNA
Attorneys are still wrangling over the handling of other DNA evidence. The state alleges that Longoria was driving his then-girlfriend’s sport utility vehicle the night of Aug. 21, 2010, and that he used that vehicle to pick up Alicia DeBolt, drive her to a secluded place and attempt to rape her, then killed her. At Longoria’s preliminary hearing last November, forensic scientist James Newman with the Kansas Bureau of Investigation testified that he found semen on the driver’s side floor mat of the SUV that matched the DNA profile of Longoria and was mixed with DNA matching that of DeBolt.
Attorneys with the Kansas Death Penalty Defense Unit have filed a motion asking that the prosecution not be allowed to perform tests that consume DNA samples. A motion filed April 26 by defense attorney Jeffrey Wicks states, "The alleged DNA stain on the floorboard of Mr. Longoria’s vehicle was critical to the state obtaining a bind over on the charge of capital murder at the preliminary hearing. That DNA sample, and any others that may exist, will be litigated strenuously by both sides, pre-trial and before the jury."
The defense intends to have all of the DNA evidence independently tested, and has requested funds from the Board of Indigents’ Defense Services (BIDS) to pay the costs. If a sample must be consumed by state testing, the defense wants to have its own qualified expert present during the testing.
Braden’s motion points out that the state asked the court to allow it to consume the male DNA sample found in the victim’s mouth at her autopsy.