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Jury selection was set to begin August 16, 2010 but John Robert Kastner is again attempting to delay his trial. Apparently, Kastner’s newest lawyer, Jill Webb of the County’s Public Defender Office, has filed a change of venue motion. Mr. Kastner seems to think he won’t receive a fair trial in Tulsa due to all the media interest in his case. Kastner also claims (if you can believe anything he says) that he never agreed to use an insanity plea or that he is suffering from schizophrenia.
Well, Duh! Guess what Mr. Kastner, had you not allegedly lied numerous times to not only your wife and children, but to your students, the principal and the district officials of the Webster High School, where you were a trusted coach and a teacher, maybe you wouldn’t have gained so much popularity in the media. And, more important, had your story that you had not shot and killed Lori Moon Kastner, an attorney who had worked for the Oklahoma Supreme Court, been found believable via evidence at the crime scene, perhaps the public interest in your alleged part in the murder would’ve waned. Perhaps if you hadn’t allegedly told law enforcement that the person who shot and killed your wife was looking for your 19-year-old adopted daughter and wanting money then this case wouldn’t have gained so much interest.
Heck, you allegedly couldn’t keep your stories straight with how the shooting happened. What we have known is factual throughout this whole ordeal is that Lori was shot twice in the head! And you allegedly told police different stories of how you woke and struggled with the assailant. From the time LE first arrived and spoke with you, and when you were at the hospital just a few hours later, the story allegedly changed. Does that not scream that the public would want to know all the facts of the alleged home invasion? Does it not scream the public would want answers to who killed Lori and shot a well-loved coach and English teacher in the hand?
I think perhaps it isn’t just the negative media attention concerning your alleged lies that bug you but the fact that you were a respected and trusted teacher and coach at the High School that is the problem. You have to know that you’ve likely lost all the accolades of that distinction and possibly now only seen as a con man (due to the alleged non existent 713 Corporation stuff), and an accused killer. I really don’t see the school rehiring you, should you be found not guilty. I do however feel the court can find 12 honest citizens to sit on the jury in your county who is willing to put aside anything they’ve seen or read of your case and impart a fair verdict. I’d even go so far as to say you likely ‘will’ find potential jurors who know nothing about all the publicity surrounding your past and who will also be willing to look at the evidence in a fair and impartial manner.
My personal thoughts, from all I’ve read and heard on this case, are that between the lawyer who allegedly gave that statement about the insanity plea and Mr. Kastner, I go with the lawyer. Considering all the other alleged lies of Mr. Kastner, and they are numerous, I believe, he could easily be lying that he never verbally told the lawyer, John Byrd, he’d agree to plead insanity. We’ll have to wait and see if Mr. Byrd confirms the verbal agreement to know for sure. But like Mr. Kastner’s alleged mountain of lies, and all the changing of attorneys, he changed his mind about that also. And just as he allegedly blamed a supposed acquaintance of his adopted daughter for the shooting of Lori Kastner and home invasion, he is blaming his ex attorney for an alleged plea he doesn’t want to use. And I think, due to all I have read and heard on this case, that he is using that as another ploy for delaying his criminal trial. I ask, why didn’t he file this motion sooner? For instance - back in Jan of this year when the judge agreed to remove Byrd as his attorney and ‘again’ agreed to the public defender’s office assigning one? Why the wait until a few days before jury selection was set to begin?
I have to admit, although I am of full awareness this ‘I didn’t agree to plea insanity’ claim is a serious matter - (it could damage a lawyer’s reputation with the bar association), that an accused liar is calling another person a liar is rather comical. If you look at it from a certain standpoint that is. The idiom - ‘the pot calling the kettle black’ comes to mind.
Yes, Mr. Kastner deserves a fair trial and one that makes sure no one violates his rights; I approve of that. However, justice for Lori is indeed slow.
Don't forget that the previous attorney who wanted to make the insanity plea presented him self to Mr. Kastner saying he would take on the case for free. By all accounts, he was doing it for the publicity. What his opinion is of Mr. Kastner's mental state doesn't matter but what does matter is that he proved himself to be inept (failing to show up for several court hearings) and was clearly acting against the wishes of his client. To file an insanity plea you have to admit guilt...something that Kastner has NEVER been willing to do. The judge clearly saw that Kastner wasn't being fairly represented and encouraged him to change attorneys (most likely to avoid a possible mis-trial later on).
ReplyDeleteYou also have to remember that it is the defense attorney's JOB to provide the best possible defense for their client, regardless of their personal beliefs of guilt. In this case, the change of venue request is more likely to be just something the defense feels they need to check off the list. If they didn't ask for it, someone could could back later and say that they didn't try every possible avenue to provide their client with the best possible defense. At least this way, they check off one more thing off the list so that this only has to happen one.
If you have been reading through the various court filings, you would see a laundry list of items that appear to be mostly procedural 'check offs'
BTW, there is no "allegedly" about John Byrd making the insanity claim. He did it and he's on record for it:
ReplyDeletehttp://www.newson6.com/Global/story.asp?S=11765382
I think Byrd is as much to blame for this process getting screwed up. How can an attorney say that he personally believes that his client is both sane and schizophrenic? And to go on and say that there is "no doubt" that he is schizophrenic...wouldn't he then be compelled to get medical confirmation of this "fact" so that he could properly try the case?
Yes there is an allegedly about Byrd making the insanity plea. It is called protection of the blogger from defamation lawsuits.
ReplyDeleteA 'fact' for you: A news article is Not proof! And I would not call Kastner's letter proof. According to all the coverage of this murder case he does not have a good track record on telling the truth now does he.
OK, I concede the 'allegedly' point. :) With regards to the 'fact', yes, the printed article isn't proof...but it's hard to argue with watching Byrd, on video, make the comments quoted in the article. Segment starts at 11:45
ReplyDeleteAnonymous, Whether you agree with what I have written or not, I do appreciate your commenting on any of my blog post.
ReplyDeleteAny post I share here is nothing more than my surmisal of the events surrounding the cases I follow. One thing I abhor is domestic violence of any kind. And, one thing I try to do is include links to any direct comment made so readers can see where that information was located. That doesn't make it a truthful statement but it does let readers know I am not just throwing mold on a pile of rich compost.
I personally have nothing against Mr. Byrd. He may be the worse lawyer ever or a incredibly good one but that is neither here nor there to me. All I know is Mr. Kastner hired him(via accepting him as his lawyer - pro bono or not ) to represent him. I also do not believe Kastner is a person I would believe to be a truthful man.( That opinion is based on all I have read and videos I have watched of this case also).
I had read the article you shared above before I wrote this post and in a way I agree with Byrd's statement as it is written under the photo of him: "Regardless of whether he's legally sane, and I believe he is, he's a schizophrenic, there's no doubt about that and it should be part of any proper defense," said John Byrd, Kastner's former attorney. ---- ( However, remember, journalists write just as bloggers do, with inferences) And unless I see live as it happens interviews of anyone involved in a case, lawyers or others, I do not take the published quoted statements made as truth of the matter. (News media outlets cut and paste)
As I said, I personally do not feel, due to all I have read, that Kastner is insane now nor was he when the alleged fight took place that caused Lori's death in his home. I also feel, since Kastner has on several occasions asked for new lawyers, that he is simply playing the system. Delaying the inevitable, perhaps?
I have kept abreast of all I could find, read or hear on this case since that fateful day in June 2008 and I read the first news article of the murder/home invasion and listened to the first news video.
I will close with - I also feel strongly that any and all defendants deserve a fair trial and I hope Kastner's is fair. I surely don't want later hear that they granted a new trial because of some procedural matter that hindered his ability to have a fair trial - if he is found guilty as charged.
Again, I thank you for the reads and comments you've made.
TigressPen
I am going to be very surprised if jury selection happens in this case on Wed, August 18 as planned. Actually, I am going to be very surprised if this case goes before Judge Smith before the end of this month. Not because of the change of venue request defense made earlier this month, but due to the Judge heading over to the Court of Criminal Appeals beginning September 1, 2010.
ReplyDeleteCongratulation Judge Smith!
If juror selection does begin and a jury is seated before the end of the month, it'll be a pleasant surprise for sure!
Seems Mr. Kastner is just lucky or or very unlucky with all the delays. A new Judge will have to take time to study all the ins and outs of the case facts (more outs than ins lawyer wise) and that, too, will be a delay.
Please can we just have justice for Lori.
Mr. Silva, lead attorney for Mr. Kastner's defense is still ill so jury selection has been postponed until nect Monday. Ho-hum.
ReplyDeleteWhen court reconvenes with the selction it will likely be a new Judge. Judge Tom Gillert is scheduled to take over for Judge Smith since Smith will head over to court of criminal appeals.
Here's hoping Judge Gillert has been brought up to speed on the particulars of the case so far.
Thankfully, Mr. Kastner's trial has a new date set for it to start. September 13! More hopefully, the new judge will allow cameras and it will be carried live or at least in court minute by minute updates! And again, hopefully, jury selection will start and a jury seated before the 13th.. We shall see.
ReplyDeleteTigressPen
Potential jurors are to scheduled fill out questionaires today. Here's hoping more delays will not be allowed and this trial will go forth as planned. At this time, I truly believe John Robert Kastner is guilty of the charges of which he is charged but if defense can reasonably convince me otherwise, I am willing to admit a doubt. It's hard to believe someone who told such tall tales and himself wrote the words 'there is no next week' in his journal.
ReplyDeleteI was advised today that cameras in the courtroom would not be allowed. Hopefully, we'll get updates daily in area papers and other outlets. I'll just have to weed through them to see which one is more reliable with facts and not spin. One outlet I know I can trust as more factual than spin.
ReplyDeleteTestimony is set to begin tomorrow since a jury was seated today.