ktvz.com

Judge Delays Bend Murder Trial Until June

BEND, Ore. - Just as it was about to begin, a Deschutes County judge on Thursday afternoon postponed for six months the murder trial of a Bend man accused of beating his roommate to death with a baseball bat in late 2010.

Over District Attorney Patrick Flaherty's strong objections, Cricuit Judge Stephen Forte granted the request by defense lawyers to delay the trial of Richard Clarke, 26, and reset the date until June 5.

The defense asked for more time to review DNA evidence from the aluminum baseball bat Clarke is accused of using to kill Matthew Fitzhenry, 36, during an argument in October 2010.

At a motion hearing Thursday morning, the prosecution presented three witnesses it hoped to call during the trial, who spoke to previous incidents in which Clarke allegedly threatened them or others with baseball bats. Forte refused to allow that evidence in the upcoming trial.

Clarke's case also was the focus of a settlement hearing before a visiting judge later Thursday morning, which failed to reach a plea deal and head off the trial.

However, Clarke's attorney, Jacques DeKalb, was successul Thursday afternoon in convincing Forte the defense needed several more months to review the DNA evidence.

Flaherty pressed for the trial to proceed, since a jury had been selected and witnesses were set to testify. One point of contention: 10 witnesses the defense wished to present to jurors by video deposition. The DA argued that would not allow for cross-examination.

The judge called lawyers to a meeting in his chambers on the case next Wednesday to discuss that and other issues.