Kavanagh murder trial delayed for fourth time

Posted 11/7/19

A murder trial has once again been delayed for the man charged in killing three people and wounding a fourth in a knife attack on Valentine’s Day more than four years ago. This is the fourth time …

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Kavanagh murder trial delayed for fourth time

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A murder trial has once again been delayed for the man charged in killing three people and wounding a fourth in a knife attack on Valentine’s Day more than four years ago.

This is the fourth time the trial date has been delayed for Shawn Kavanagh, 28, of Bellflower. He is accused in the stabbing deaths of two women and a child, as well as critically injuring his estranged wife, during the attack on Feb. 14, 2014, at a home south of Jonesburg.

Kavanagh’s trial had been set to begin Sept. 17 and last almost two weeks, but was delayed by the illness of his defense attorney. During a hearing the week before the trial, defense attorney Robert W. Lundt told the court he had been suffering from a serious illness. Lundt said he had not slept in almost two days and was seeking medical treatment for severe stomach issues, according to court records.

Lundt stated that he would be providing ineffective assistance of counsel if the case proceeded to trial. Ineffective assistance from an accused person’s attorney is grounds to appeal a courtroom verdict.

Warren County Presiding Judge Wes Dalton therefore ordered the trial to be canceled, against the objection of the county prosecutor’s office, records state. The two sides will meet again with the judge on Oct. 2 to determine a new trial date.

Prosecutors are seeking the death penalty for Kavanagh. He has pleaded not guilty to nine felony charges, including multiple counts of first-degree murder and armed criminal action, for the murders of Tara Lynn Fifer, 22, of Montgomery City, and Lexy Vandiver, 29, and her son, Mason Vandiver, 7, both of Jonesburg. He also is charged with severely wounding Jessica N. Powell, who had been married to Kavanagh.

Previous delays

Three trial dates in 2017 — in January, April and October — were all previously scheduled and then canceled. The most recent postponement had delayed the trial by almost a year, because attorneys from the Missouri Public Defender’s Office said they had not had enough time to prepare for the trial. A change in staff and high caseload at the office compounded that issue.

On top of defending Kavanagh at trial, the attorneys also need to prepare for the aftermath of a guilty verdict, in which case they would have to present an argument for sparing Kavanagh’s life.

The defense team had sought time to conduct a deep background investigation into Kavanagh’s history and mental health, searching for any factors that could mitigate the severity of the crimes. Leading up to the Sept. 17 trial date, court records indicate the defense team requested subpoenas for around 20 witnesses.

Kavanagh remains in custody at the Warren County Jail. He has been incarcerated for four years and seven months awaiting trial.

Shawn Kavanagh, shown here after his arrest on Feb. 14, 2014.


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