By Adam Rollins, Record Staff Writer
The trial of Shawn M. Kavanagh, a Bellflower man accused in the stabbing deaths of three people in 2014, has once again been delayed. Kavanagh will not go before a jury until January 2020.This is the fifth trial delay in Kavanagh’s case. The 28-year-old man is charged with nine felonies, including three counts of first-degree murder and four counts of armed criminal action, for the killing of Tara Lynn Fifer, 22, of Montgomery City, and Lexy Vandiver, 29, and her son, Mason Vandiver, 7, both of Jonesburg; and for severely wounding Jessica N. Powell, who had been married to Kavanagh. He also is charged with domestic assault and burglary.Kavanagh has pleaded not guilty to the charges. Warren County prosecutors are seeking the death penalty.An eight-day trial for Kavanagh had been scheduled for June this year. His defense team asked for a delay because one of the public defenders representing Kavanagh was replaced in November 2018, according to court documents. This is the second time a trial date for Kavanagh has been canceled because of a change in attorney.The judge overseeing the case, 11th Circuit Court Judge Ted C. House of St. Charles County, on March 8 granted the request to reschedule the trial. Proceedings are now scheduled for Jan. 7-10, 2020, in Cape Girardeau County for jury selection, and Jan. 13-22 in Warren County for trial.
Reasons for delayAmong the reasons assistant public defender David J. Kenyon cited in requesting the trial delay is that seven months is not enough time to prepare for a capital punishment case while managing the rest of his caseload. The court filing states Kenyon must have time to familiarize himself with thousands of pages of documents related to the case and the possible testimony of up to 100 people before Kavanagh’s trial.On top of defending Kavanagh against the felony charges, Kavanagh’s two public defenders must also prepare a strategy for the aftermath of a possible guilty verdict, when they would have to make a case for the court to spare his life.Kenyon’s other conflict with the June 2019 trial date was that a month before being assigned to Kavanagh’s case, he spent “an outrageous amount of money” on concert tickets, plane tickets and lodging for a family trip to Paris, France, on dates coinciding with jury selection in the June trial, court documents state.Caring for a family member with aggressive cancer also kept Kenyon from any significant review of the case until January 2019, documents state.Kavanagh has consistently had two public defenders assigned to his case since he was arrested and charged in February 2014. Assistant public defender Robert W. Lundt has been assigned to Kavanagh’s case since 2014, according to court records. A previous trial date in September 2018 was canceled because Lundt was seriously ill.Before that, a trial date in October 2017 was postponed because of the first change in Kavanagh’s defense team, with the public defender’s office again citing inadequate preparation time for its attorneys. Two other trial dates in 2017 also were postponed.
Shawn Kavanagh, shown here after his arrest on Feb. 14, 2014.