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Lovett bond decision expected to be made sometime today

Wednesday, August 20, 2008

A decision should be made about John Lovett's bond reduction after his defense counsel concludes the evidentiary portion of the proceedings today.

Defense Attorney Richard Kammen told The Brazil Times outside the Clay County Circuit Courtroom Aug. 13 that he was attempting to point out the inconsistencies in the state's case against his client.

Lovett, 37, Brazil, was taken into custody in March because of an indictment filed by the Grand Jury on two formal allegations of murder and initially incarcerated with a $200,000 bond, with10 percent allowed.

He was released on bail from the Clay County Justice Center April 16 after raising $20,000 for his bail. But, shortly afterwards, an improper hearing process was discovered when the initial bond was set. Lovett voluntarily turned himself in to authorities at the Clay County Sheriff's Department without incident on May 12 when the court revoked his bond.

According to Circuit Court Judge Joseph Trout, Lovett and his defense counsel had "a legal right to challenge evidence presented by the prosecution" during an evidentiary hearing.

Although the proceedings during Aug. 12-13 are not part of the potential murder trial, Kammen presented and questioned witnesses about "one-sided" information provided during the three-week Grand Jury proceedings in February.

He questioned why the state left out information provided from several sources during the 20-year investigation that should have led to suspects other than Lovett.

Prosecuting Attorney David N. Powell believes the state's case is solid and used Indiana Code 35-33-8-2(a) to state that position in court documents.

According to the State's Memorandum of Law filed in Clay Circuit Court, "Murder is not bailable when the proof is evident or the presumption strong" and "a person charged with murder has the burden of proof that he(she) should be admitted to bail."

Scheduling conflicts didn't allow time for the testimony of a professional pathologist until today.

Trout told The Brazil Times that a decision should be made about Lovett's bond reduction after today's proceedings.

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FOLLOW THE LAW!!! Murder is NOT BAILABLE when the presumption is strong and if it weren't there wouldn't have been a grand jury indictment. All goes back to money...if you got it doesn't matter what you have done. Drugs, robbery, vandalism, murder.....pass a few $$$$ you walk.

-- Posted by levr.gar on Wed, Aug 20, 2008, at 9:30 PM

If you know John and his family very well you know they don't have money, that is why he is the one on trial and not someone else. I think that the citizens of Brazil should want the right person on trial and not just someone who had a fight with his high school girlfriend. Let's get the right person!

-- Posted by Partrosie on Thu, Aug 21, 2008, at 9:09 AM

We do know John and his family don't have money, but that is NOT why he is on trial. Apparently there was something found or else he would not have been arrested. Look at 20 years ago when everyone said it was Glen Selsam, who was released because of lack of evidence. So far it looks like there has not been lack of evidence or John would have been released. I am getting so tired of everyone saying stuff when they don't know and are just assuming. We have suffered for 20 years since my cousin and his stepdaughter were murdered. Did John or his family suffer? Probably not even though he claimed to have loved her. He moved on. We have a hard time because of no closure. Let the courts do their jobs. And unless you are dircectly involved in the families, you should keep silent. I know I'm going to get a lot of "trash talking" now, but I don't care. I just want closure for my family and Tonya's.

-- Posted by corgimom64@yahoo.com on Thu, Aug 21, 2008, at 10:11 AM

Freedom of speech is what makes this country so great, so even though I am not related to anyone I will still voice my opinion! Just because there was an indictment does not mean that he is guilty! If there is enough evidence than why are the state police draging Craig Park desperately trying to find the weapon? I agree that John's family may have not suffered as much as you or your family but his wife and kids are still suffering and they had nothing to do with this case either.

-- Posted by Partrosie on Thu, Aug 21, 2008, at 11:23 AM

You're right levr.gar.....my friend, that was talked about during this investigation, was killed right after these murders and his murderer only got 2 years for "accidental", saying he was "cleaning a gun" when it when off in my friend's head......there are soooooooooo many people who have and are continuing to suffer from this case that I just wish everyone involved would get the closure that they need...but I feel that will still be ongoing, because it doesn't seem that this case is brick solid.

-- Posted by gingersnap13 on Thu, Aug 21, 2008, at 11:52 AM

As a member of the Grand jury-unless you heard & saw what we saw....don't comment!!!! it has NOTHING to do with him or his family not having money, which until you people keep saying that, we were not aware of his financial situation. These days, who DOES have money? It has to do with the facts... Spend a day at the trial (it is open to the public) and then make your comments!!!!!

-- Posted by peterpan on Thu, Aug 21, 2008, at 1:52 PM

His family may not have money but someone posted $20,000 for him before his bail was revoked. But money wasn't the only connection in this case. It still comes down to following the law--no bail for a murder charge. Dragging Craig Park? Of course there's always more rumors but is it a rumor the murder weapon was moved after Lovett's arrest or is there some truth in that? No one is put on trial because of a fight-there is just cause for an indictment. Of course his wife and kids have nothing to do with this-they didn't exit at the time. If he is guilty then he chose to bring innocent children into something he knew could happen. Rick's children sure didn't choose it.

-- Posted by levr.gar on Thu, Aug 21, 2008, at 5:41 PM

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