Evidentiary hearing scheduled in capital murder case
An evidentiary hearing has been scheduled in the case of a Leavenworth County man who is accused of killing his sons.
Donald R. Jackson Jr., 40, is charged in Leavenworth County District Court with capital murder.
He is accused of killing his two sons, ages 12 and 14. The bodies of the boys were found Oct. 24 at a residence on Hillside Road near Lansing.
The two boys had been shot, according to a probable cause affidavit prepared in the case.
Jackson appeared in court Thursday. He made his court appearance from the Leavenworth County Jail through the Zoom online videoconferencing service.
Zoom is being used for many proceedings of Leavenworth County District Court because of the COVID-19 pandemic.
District Judge Gerald Kuckelman had been scheduled to take up a couple of motions Thursday. But the court reporter was having problems with her Zoom connection during the hearing.
Jeffrey Dazey, one of Jackson’s attorneys, suggested scheduling an in-person hearing in the case.
Dazey said Assistant County Attorney Shawn Boyd has voiced concern about the relevancy of some of the documents the defense team is seeking through subpoenas.
Dazey said he also would like the opportunity to speak with someone else who has asked the judge to quash a subpoena in the case.
Dazey said the defense team may want to submit evidence during a future hearing.
Kelson Bohnet, an attorney who also represents Jackson, said Boyd also has raised relevancy concerns about some of the items the defense team is requesting through the discovery process.
Kuckelman set a court date for Aug. 19 for a possible evidentiary hearing in the case. He asked the defense attorneys to file any briefs on the matters they raised within 30 days. He said Boyd will be given 30 days to file a response.
Jackson remains in custody at the Leavenworth County Jail.