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A spirit that is not afraid

Court discusses return to crime scene, DNA samples and trial date in hearing for Desmonte Leonard

Desmonte Leonard.
Desmonte Leonard.

After a status conference at the Lee County Justice Center Thursday, May 16, not much has changed yet for alleged University Heights gunman Desmonte Leonard.

No trial date was set, but Leonard's attorneys Susan James and Jeffery Duffey said there will most likely be another status conference in August. The two are hoping to schedule the trial for either October or November, however, older capital cases may take precedent and prolong Leonard's trial.

Several motions were discussed by the two parties. Most notably, the defense's motion to bring Leonard to the scene of the crime where he allegedly shot six people, killing three, has been taken under advisement by Judge Jacob Walker.

James acknowledged the logistical difficulties of bringing Leonard to a public area, but said she was confident they could secure the area.

District Attorney Robert Treese opposed the motion, and said he had reservations about a "capital murder defendant (being) forced upon a private landowner."

Treese's concerns include public safety, a possible media circus and the chance that Leonard's attorneys could take Leonard to other places should Judge Walker grant them permission to bring him to the apartment complex formerly known as University Heights.

James, however, said the visit is vital to her client's case.

"There's just a hole," James said. "There's no way without him going there."

The prosecution also filed a motion to collect a DNA sample from Leonard to compare to some already collected, according to James, but she is unsure how detrimental a DNA sample would be to her case or how successful a fight against the motion would be.

"I don't think the law is in our favor to be successful in that fight," James said. "I'm not sure that there is a reason to fight it, but we won't know until we get a little further down the road."

The defense had also spoken previously about motioning to get a change of venue, however, James said it's still too early to file for the change.

On August 27, Leonard was indicted by the grand jury for one count of capital murder for allegedly killing Demario Pitts and former Auburn football players Ladarious Phillips and Ed Christian.

He was also indicted on two counts of attempted murder for allegedly shooting at Turquorius Vines and former player DeAngelo Benton in addition to first and second degree assault charges for gunshot wounds to John Robertson, Xavier Moss and then-football player Eric Mack.


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