The St. Charles circuit judge overseeing the long-delayed murder case of Shawn M. Kavanagh has ordered a trial date to be canceled due to COVID-19. This is the second time the pandemic has delayed …
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The St. Charles circuit judge overseeing the long-delayed murder case of Shawn M. Kavanagh has ordered a trial date to be canceled due to COVID-19. This is the second time the pandemic has delayed this trial.
Kavanagh, 29, of Bellflower, is facing a potential death sentence if he is convicted of killing two women and a child, and severely wounding a third woman, at a home south of Jonesburg in February 2014.
The COVID-19 outbreak has caused significant difficulty for courts across Missouri, which have been conducting limited operations as mandated by the Missouri Supreme Court.
Earlier this year, St. Charles Circuit Judge Ted C. House ordered Kavanagh’s trial to be moved from May 4 to Oct. 5 due to the difficulty of safely assembling a jury during the pandemic. Late last week, he ordered the case to be moved again for the same reason, reportedly at the insistence of attorneys from both sides.
During a July 22 video conference, prosecutors and defense attorneys submitted a joint request to cancel the Oct. 5 trial date, according to court records.
In his ruling July 31, Judge House said he weighed how long the murder case has been waiting for trial, and the legal rights of the parties involved, compared to the substantial challenge of conducting a fair and safe jury trial during the worsening COVID-19 pandemic. The court plans to sequester a jury during trial after selecting jurors from a pool of 500 candidates.
House said he reluctantly agreed that the trial should be rescheduled for the health and safety of those involved.
“The ability to achieve a jury that represents a cross section of the community is impaired by the pandemic,” House wrote in his order. “While the court is concerned about the safety of all participants in the trial, the court is particularly concerned that it cannot guarantee the safety of the citizens who serve as sequestered jurors, or the court staff and law enforcement officers assigned to supervise the jury.”
A new trial date for Kavanagh has not been set, but court records indicate House will consider a date between February and July of 2021.
Kavanagh is accused in the 2014 stabbing deaths of Tara Lynn Fifer, 22, of Montgomery City, Lexy Vandiver, 29, and her son, Mason Vandiver, 7, both of Jonesburg. He also is accused of severely wounding his estranged wife, Jessica N. Powell.
Kavanagh has pleaded not guilty to nine felony charges: three counts of first-degree murder, four counts of armed criminal action, and single charges of first-degree domestic assault and first-degree burglary. Prosecutors are seeking the death penalty.
Kavanagh’s trial has been delayed numerous times going back several years. Prior to the pandemic, multiple cancellations resulted from difficulties and turnover within the Missouri Public Defender’s Office representing him. His case was transferred to the St. Charles Circuit Court in March 2019.