With only about three weeks left before the start of triple-homicide suspect Brent Luyster’s trial, his defense team told the court Friday they are pushing forward.
The court still needs to address about a half-dozen motions in the coming weeks — the majority from the defense — and the prosecution has expressed concerns about discovery from the defense’s expert witnesses.
The question lingers of whether both sides will be ready for trial.
“From our perspective, we are going full speed ahead, and hopefully, we will be ready for trial on Oct. 30,” defense attorney Chuck Buckley said.
Luyster’s aggravated murder trial is anticipated to last about a month in Clark County Superior Court. The 37-year-old is potentially facing a life sentence for allegedly fatally shooting three people and wounding a fourth at a Woodland home in July 2016.
For Friday’s hearing, Luyster’s wrists and waist were unshackled, for the first time in court, per the judge’s previous order.
Breanne L.A. Leigh, who survived the shooting, audibly expressed outrage over Luyster’s unshackling. She questioned why he can be unshackled when he reportedly causes problems in the Clark County Jail.
Last month, Civil Deputy Prosecutor Jane Vetto, speaking on behalf of the sheriff’s office, laid out all of Luyster’s bad behavior since he’s been in custody, which has included wiping feces around his cell, flooding his cell and hiding contraband, she said.
Still, Judge Robert Lewis had ruled that Luyster can be unshackled in his courtroom for lengthier proceedings as long as he acts appropriately in court, which he has to date.
The purpose of Friday’s hearing was for the court to check in on the status of the case and address the prosecution’s motion related to discovery.
However, the defense raised a number of issues at the hearing: a motion to change venue due to “inflammatory” media coverage of Luyster, two motions to suppress evidence — including the search of a storage unit that reportedly yielded firearms paraphernalia — and another motion to prohibit his significant other and alleged co-defendant, Andrea Sibley, from testifying against him. The defense is asserting that Luyster and Sibley are married and have been since October 2013.
Deputy Prosecutor James Smith additionally asked for an in-chamber review of a “suspicious letter” Luyster attempted to send to a legal service that investigators say doesn’t exist. The letter may be relevant to Luyster and Sibley’s marriage, he said, which the prosecution believes is fraudulent.
Court records state that corrections deputies intercepted the letter Oct. 3 after Luyster told them it was legal mail and addressed it to Laughter Legal Services. But after looking into the address, detectives determined the business is fictional and the letter was actually being sent to the girlfriend of one of Luyster’s brothers.
Lewis agreed to review the letter as early as Monday and will determine if its contents will be released.
He declined to set a hard deadline for the defense’s expert witnesses to get their reports to the prosecution.
All of the other motions will be addressed during a half-day hearing Oct. 19.
