New Motion To Exclude Statements On Jenkins Murder
- Details
- Created on Monday, 17 February 2014 19:00
- Written by Tyler Dumont
ST. JOHNSBURY - The attorney for a Waterford man charged with first-degree murder is seeking to exclude statements made to police during a two-day period in 2012. In a motion filed Friday, Feb. 14, Atty. Robert Katims, who represents Allen Prue, is requesting the court “suppress any and all statements made to law enforcement on March 27-28, 2012."
Allen and his wife Patricia Prue are charged in the murder of Melissa Jenkins, a former science teacher at St. Johnsbury Academy.
The new motion says that statements made by Allen Prue to police during that time were “involuntary”, and that Prue’s statements were “made absent a valid Miranda waiver,” which Katims argues violated his client’s constitutional rights.
According to court documents filed in 2012, Allen Prue spoke with police on March 27 at the St. Johnsbury State Police Barracks. In the interview, police say he talked about his participation in the murder of Melissa Jenkins.
“Allen Prue went on to advise that on Sunday, 3/25/2012 he was riding around with [his] wife Patricia Prue and got the idea to get a girl. Allen Prue then advised that they didn’t plan to get one forcefully. Allen advised that they went to Goss Hollow Road and his wife used the Tracfone to call Melissa Jenkins to come help them.”
During the March 27, 2012 interview, summarized in an affidavit filed by Det. Sgt. Walter Smith, Allen Prue told police that “when Melissa Jenkins got out of her vehicle he grabbed and strangled her.”
Prue also told police about his wife’s participation in the murder, how they attempted to get rid of Jenkins’ body, and agreed to show cops where he and his wife had traveled on the night of the killing, according to the affidavit.
If the motion to suppress is granted, the statements made to police during the interview would be excluded from consideration by the judge or jury at trial.
The new motion filed by Allen’s attorney comes just days after a separate request from the attorney of his wife, Patricia Prue, asked for a delay in deadlines.
That request, filed by Atty. Brian Marsicovetere of White River Junction, has yet to be granted, but states that a psychologist had been hired to evaluate Patricia Prue – a process that, according to doctors, wouldn’t be completed until around May.
In a previous hearing, Caledonia Judge Robert Bent said he wanted both parties to be ready for a March trial.
Marsicovetere’s motion also asked that if a hearing was going to be scheduled it be closed to the public and media to “protect Mrs. Prue’s attorney-client privileges.”
A call to Marsicovetere had not been returned at press time.
Allen’s court-appointed attorney Robert Katims told News 7 Newslinc that it appears the case may not be ready for trial until early summer, but anticipates it may be delayed even further.
“It is an old case, but I’m relatively new to the case,” Katims said. “The judge will be the one that will decide when we go to trial.”
Jenkins’ body was found in the Connecticut River in Barnet on March 26, 2012.