MARSHALL COUNTY, Ky. (KFVS) - A status conference hearing in the Marshall County High School deadly shooting will be held on Friday, November 15.
According to Dennis Foust, the Commonwealth attorney, he will advise the court of what he is doing and file some procedural motions.
He said the hearing is mainly to discuss logistics before the June trial, like days they will be in trial and days the won’t.
Foust intends to announce what evidence he will use in June. The defendant could object to the evidence, and then will need to file a motion.
The judge announced his decision to deny the defense motion to throw out key evidence on Thursday, October 10.
The evidence in question included a videotaped interview with suspect Gabriel Parker shortly after the shooting. The defense argued the taped interview should be thrown out, alleging Parker was not read his Miranda Rights and involuntarily gave his statement.
The judge ruled that is not the case.
The defense also argued Parker was denied his right to an attorney, but the judge ruled against that claim, as well.
Parker is set to go on trial in June 2020.
In September, the judge signed off on giving more time to Gabe Parker’s defense attorneys to file arguments in the suppression hearing.
According to Commonwealth Attorney Dennis Foust, the new deadline for the defense was Friday, September 13.
He said the prosecution had another week past that, which is Friday, Sept. 20, to respond.
By Monday, Sept. 16, both submitted their arguments to the Commonwealth.
Foust said this does not affect any timelines in the case and it was mutually agreed to by both parties.
On July 15, attorneys for Gabe Parker filed a motion to suppress statements that the accused high school shooter made on the day of the shooting.
The Commonwealth of Kentucky responded to that motion. The response was filed on Thursday, Aug. 1.
Court documents stated that the Commonwealth does not agree with information set out in the attorney’s motion.
Read the Commonwealth’s full response HERE.
A judge considered the attorney’s motion at a hearing on Aug. 19.
As of 11:45 p.m. on Aug. 19 witnesses were still being questioned.
The Commonwealth refers to the information in that motion as “inaccurate or taken out of context.”
The Commonwealth provided the following arguments:
- The defendant was properly advised of his Fifth Amendment protection against self-incrimination. His statements should be admitted at the trial of this matter.
- Police obtained a voluntary, knowing and intelligent waiver of Parker’s rights under Miranda v. Arizona.
- His statements were voluntary, according to the Commonwealth.
- Although Parker was not initially asked to sign the waiver form, signing the form is not required in order to have a knowing, intelligent and voluntary waiver
- Law enforcement officers did not disregard the Commonwealth’s parental notification statute. Even so, Parker’s statement’s would not be rendered involuntary if the statute was disregarded
- The defendant’s statements should be admitted at the trial of this matter as he was not denied his Sixth Amendment right to counsel
Documents stated the Commonwealth considers the actions of law enforcement after the shooting to be in accordance with the law. The Commonwealth said officials did everything to protect Parker and his rights.
According to documents, the Commonwealth believes that attorney’s attempt to make the interview between law enforcement and Parker seem coercive. The Commonwealth said this is not consistent with the reality of the situation.
Documents also stated the court should disregard entire sections of the motion and calls into question statements presented as facts by attorneys.
Two students were killed and more than a dozen others were hurt in the January 2018 shooting.