Kavanagh trial delayed another year, this time for pregnancy

Posted 5/7/21

The perennially delayed trial of Shawn M. Kavanagh, the Bellflower man accused of a 2014 triple murder and assault, has once again been postponed from a July 2021 date. The reason: One of …

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Kavanagh trial delayed another year, this time for pregnancy

Posted

The perennially delayed trial of Shawn M. Kavanagh, the Bellflower man accused of a 2014 triple murder and assault, has once again been postponed from a July 2021 date. The reason: One of Kavanagh’s two public defenders is pregnant and due in August.

The Kavanagh case, which is being overseen by the St. Charles County Circuit Court, also has a new judge after organizational changes in St. Charles. Recently assigned Judge Rebeca Navarro-McKelvey granted a postponement of the trial date on April 20. The trial had been scheduled for two weeks beginning July 6.

According to a postponement request filed by Kavanagh’s defense team, attorney Julie Clark with the Missouri Public Defender’s Office is pregnant and due in August. The court was made aware of this situation in February, but the public defenders did not initially request a delay.

“At the time, defense counsel was unrealistically optimistic that we could keep the July 2021 trial setting,” the attorneys commented in their request to postpone the trial, which was submitted April 14.

It was advice from Clark’s doctor that changed the defense team’s position on the trial date. Because Clark has two other strenuous murder trials scheduled for April and June, and also because of the ongoing COVID-19 pandemic, Clark’s doctor has strongly advised that she reduce her activity and start  working from home about a month before her due date, the defense team said.

Kavanagh is facing the death penalty, accused of killing two women and a child in a February 2014 knife attack. Because this is a capital punishment case, the court standard is for Kavanagh to be represented by at least two attorneys to ensure he has an adequate defense. Clark’s unavailability would leave only one public defender to represent Kavanagh at trial.

Judge Navarro-McKelvey is now asking prosecutors and defense attorneys to submit availability dates for a trial to be held sometime between September and December 2022.

Two trial delays in 2020 were caused by COVID-19 restrictions. Numerous previous postponements have been due to turnovers or health issues on his public defense team. Kavanagh has been in jail for more than seven years awaiting trial.

He is accused in the 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. The attack took place in February 2014 at a home south of Jonesburg.

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.

Shawn Kavanagh, Murder, assault

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