Defense Attorney Matthew Cochran had flooded the court with motions that originally asked for more trials, plus a continuance of the start of the trial and even a change of venue to move the trial to a different county.
Deputy County Attorney Henry Whitmer added additional motions, to allow testimony and to allege prior convictions.
The judge permitted a severance between the two counts of animal cruelty, one in which a small dog was reportedly thrown from a speeding car on Cornville Road, a felony; and the second when 29-year old Kennedy allegedly threw his sister's small dog over a fence, a misdemeanor.
Cochran said for the two counts to be tried together they must be cross-admissible to each other and they have different findings of fact. The judge agreed.
In addition to the two separate trials for the animal cruelty charges, a third trial would be held for the remaining charges of possession of dangerous drugs, possession of paraphernalia and resisting arrest. Cochran had sought to try the resisting arrest separately from the drug charges.
Cochran argued that he is the fourth defense attorney to represent Kennedy and should be allowed more time to prepare. But, Bluff ruled against a continuance. That means the first case will go to trial Dec. 15-17. But, with the attorneys' agreement, the trial was shortened from four days to three. A status conference will be held in the middle of the third day to outline future court days.
Finally, Bluff denied a change of venue motion. In making the ruling, the judge said he does not find that pre-trial publicity by The Verde Independent will result in an unfair trial or "carnival-like atmosphere."
(Verde News - Dec 5, 2015)
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