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Friday, Apr. 29, 2016

Lovett trial stymied

Thursday, January 28, 2010

* Officials waiting on decision of admissible evidence

Court proceedings in a double murder trial have ground to a halt as Hendricks County court officials await a decision on admissible evidence.

On March 19, 2008, John Lovett, 39, Brazil, was formally indicted on two counts of murder by a grand jury for his alleged involvement in the 1988 gun-shot deaths of his then-girlfriend Tonya Pickett, 16, and her stepfather Ricky Mustard, 32.

In June 2008, special prosecutors Delbert Brewer and David Powell, along with defense attorneys Richard Kammen and Dorie Hertzel, filed joint approval for a change of venue and jury selection procedures to take place in Hendricks County because the case was a "source of great controversy, rumor, gossip and innuendo" in the community.

In October 2008, Clay Circuit Court Judge Joseph Trout ruled the evidentiary review process indicated the state's circumstantially based evidence in the case was not sufficient enough to prevent Lovett from receiving bail, which was established earlier in April. Trout ordered a $200,000 cash bond with no 10 percent in the case.

On Dec. 17, 2008, Lovett posted bond and waited for further court proceedings and a trial date that was scheduled for Feb. 23, 2009.

However, both the prosecution and the defense have kept busy with legal filings throughout 2009, with new paperwork filed in the case nearly every month.

In August 2009, a pre-trial motion to appeal filed by defense counsel in Hendrix County Superior Court Division 1 regarding the admissibility/certification of "certain evidence" the prosecution plans to use during the trial has become an issue.

Superior Court Judge Robert Freese's office confirmed further trial proceedings are stayed until the appeals process is resolved.

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I am glad to see this article in the paper.It is hard to sit and wait for the answers we all need. Thank you Ivy for allowing the community to know that this case is not over. People seem to think that because they do not hear about it, it has been dropped. It will NEVER be over for those of us that lost Tonya, such a wonderful girl. We know we will never have all of the answers, but a few will be nice.

-- Posted by 1gma on Fri, Jan 29, 2010, at 3:08 AM

Now can we get some action on the Jennifer Stockrahm case.

-- Posted by Conservative Dad on Fri, Jan 29, 2010, at 6:34 AM

"Brazil, Indiana .. Unsolved Murder capitol of the midwest!!"

-- Posted by Emmes on Fri, Jan 29, 2010, at 10:51 AM

One of the people on the Grand Jury had a "dispute with the Lovett family". This person stated she wanted to see him hang. She knew him and his family.

-- Posted by Taxpayer5253 on Fri, Jan 29, 2010, at 1:42 PM

One of the people on the Grand Jury had a "dispute with the Lovett family". This person stated she wanted to see him hang. She knew him and his family.

-- Posted by Taxpayer5253 on Fri, Jan 29, 2010, at 1:42 PM

What about that guy that was murdered on Depot, was that ever solved, can't remember the name about 3 - 4 years ago, has a murder case ever been solved in Brazil ?

-- Posted by Ombudsman on Fri, Jan 29, 2010, at 4:52 PM

Yes, the homicide on Depot was solved, and the man convicted.

-- Posted by RickS on Fri, Jan 29, 2010, at 5:48 PM

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