Three defendants in the Downtown Motel killings will be clean-shaven, dressed in street clothes and not wearing shackles when they go on trial next month in Austin.

Friday, March 16, 2001

Three defendants in the Downtown Motel killings will be clean-shaven, dressed in street clothes and not wearing shackles when they go on trial next month in Austin.

A change of venue request has been denied.

District Judge Donald E. Rysavy held the final pretrial hearing Thursday in a Mower County Third Judicial District courtroom. Court time has been set aside March 29 to hear any final motions from defense attorneys or the prosecution. Otherwise, jury selection begins at 9 a.m. April 9.

Rysavy began Thursday’s hearing announcing the motion from attorneys for all three defendants to have the trial moved from Mower County was denied.

The court, Rysavy said, is satisfied that by a 2-1 ratio the prospective jurors have "no opinion or no information or both" about the murders and, therefore, a fair trail can be held in Mower County.

Two St. Paul men, Juan Vincente Ramirez, 41, and Raul Pedro Guiterrez, 26, were shot to death during an apparent botched robbery attempt at the Downtown Motel early June 30. Another man, Benjamin Moreno Hernandez, 21, also of St. Paul, was wounded and recovered.

The trio were among other roofers staying at the Downtown Motel a year ago when a summertime hailstorm caused extensive damages to homes and attracted repair crews to the city.

Three St. Paul men, Vernon Neal Powers, 28, Scott Perry Christian, 30, and his brother, David Kenneth Christian, 28, will be tried jointly.

A fourth defendant, Jenea Larae-Nichol Weinand, 19, also of St. Paul, will be tried separately.

The four were arrested in the Twin Cities less than 24 hours after they are alleged to have attempted to rob the victims and shot and killed two, while wounding a third, and fleeing without the money they sought to steal.

Security was tight Thursday afternoon with Mower County Sheriff’s Department deputies and Austin Police Department officers sharing duties. The county’s new stationary metal detector was used and all persons entering the second-floor courthouse area screened thoroughly.

At the start of the hearing, Rysavy ordered hand shackles removed from the orange-jumpsuit-clad defendants.

The judge admonished all: "The rules of court will be strictly enforced and any violation could be the basis for removal from the courtroom during the trial."

A large delegation of relatives of the victims once again was in court during the hearing. Interpreters translated for the non-English speaking relatives and friends of the two men slain last June and a third wounded.

The judge reserved ruling on a motion by attorneys for Scott Perry Christian to exclude mask and gun evidence. The prosecution contended the trial is one of aiding and abetting and that the evidence should be allowed.

Also the judge said evidence of past offenses, which resulted in a conviction for the purposes of impeaching a witness would be admissible. He also said statements made at the time of arrest could only be ruled upon when offered at the trial.

Other housekeeping details included guaranteeing enough evidence labels are available to both prosecution and defense attorneys and that juror questionnaires will be made available as soon as possible.

At Scott Perry Christian’s attorney’s insistence, Rysavy agreed the defendants will be allowed necessary grooming, haircuts and shaves prior to their appearances in court.

However, David Kenneth Christian’s attorney said his client is being punished by the Mower County Jail staff and not allowed to make any telephone calls except to the attorney.

The judge said efforts would be made to ensure all the defendants have the same privileges to prepare themselves for their court appearances.

On Aug. 3, a Mower County grand jury returned first-degree murder indictments against the defendants as well as other charges.

Charges against a fifth defendant, Janet Hall, 18 of St. Paul, a material witness in the case, were dismissed.

The Minnesota attorney general’s office is assisting Mower County Attorney Patrick A. Oman in prosecuting the state’s case.

Call Lee Bonorden at 434-2232 or e-mail him at newsroom@austindailyherald.com.