A prosecutor told a Johnson County judge on Tuesday that Garland Nelson, the man accused of killing two Wisconsin brothers, admitted to authorities that he disposed of their bodies but that Nelson still denies that he killed the pair.
Nelson appeared in person at a 9:30 a.m. hearing in front of Judge Michael Wagner at the Johnson County courthouse wearing an orange jumpsuit with a white face mask. His case has been moved from Caldwell County where he was charged last year.
He faces murder charges for allegedly killing Nicholas and Justin Diemel at his Braymer, Missouri, farm last July.
At Tuesdays hearing, Nelson was flanked by two defense attorneys, and a third-year law student also presented arguments to the court. Coronavirus precautions were taken as all parties were masked, and social-distancing signs were posted in the public seating area.
Patrick Berrigan, Nelsons primary public defender, told the judge that he couldnt set a trial date because the defense had not received all of the evidence from the state to review.
For the life of me, I dont understand what the problem is, Berrigan said. Seldom do we wait a full year before we have full discovery.
Stephen Sokoloff, a special prosecutor assigned to Nelsons case, said the contents of a computer hadnt been turned over, though 7,000 pages worth of police reports and all other evidence was available to the defense.
The majority of Tuesdays hearing focused on two charges Nelson faces for abandonment of a corpse.
The defense argues it would violate Nelsons Fifth Amendment rights for him to be required to report the bodies to local law enforcement because hes charged with more serious crimes like murder.
The state said Nelson couldve reported the bodies anonymously. The judge agreed, and the charges remain pending.
The judge also denied a motion by Nelsons attorneys to allow him to be uncuffed from his waist chains and to have at least one of his hands freed from handcuffs to write notes.
Sokoloff said uncuffing him could present security issues. Wagner said he would speak with his court security staff before making a ruling about shackles at future hearings.
A portion of the hearing also focused on media coverage, with the defense filing an objection to a request to allow a camera in the courtroom filed by News-Press NOW for Tuesdays hearing and all future hearings.
Wagner said its his policy not to allow video cameras for pretrial proceedings but that the issue would be revisited at trial. The Missouri Supreme Court has adopted a rule that permits cameras into the courtroom under a case-by-case basis and that prohibits a blanket prohibition of all media coverage.
Nelson will next appear in court on Tuesday, Dec. 1, when the court will hear testimony from the Caldwell County sheriff about jail procedures. Nelsons defense team has asked the judge to order contact visits because they will spend hours reviewing material.
Berrigan said current jail policy does not permit contact visits because of COVID-19.
The final motion argued was a defense request to allow Nelson to appear in person at all future hearings. Sokoloff said the state agrees in principle, but that stance may change because of the coronavirus pandemic. Wagner ordered that Nelson shall appear in person for now, but he reserved right to change his ruling.
Nelson must quarantine for 14 days each time he returns to the Caldwell County Jail, Sokoloff said.
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Prosecutor: Nelson admitted to disposing of brothers' bodies - News-Press Now
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