Murder trial’s evidence at issue

Prosecutors, Murray's lawyers file motions to establish limits

Prosecutors are asking a judge to rule in advance that jurors can hear evidence of “controlling behaviors” shown by a Kansas State University English professor charged with murdering his ex-wife.

Prosecutors want to establish before Thomas E. Murray’s trial whether victim Carmin D. Ross’ journals, e-mails and statements to friends about Murray can be admitted as evidence. Often such statements are considered hearsay, but prosecutors argue Douglas County District Court Judge Robert Fairchild should make an exception because they characterize Ross and Murray’s relationship.

Murray is set to begin trial Feb. 14 in the stabbing and beating death of Ross, an attorney and mediator killed in November 2003 at her home northwest of Lawrence. She and Murray were married 18 years but separated about a year before her death.

“Witnesses will testify that the defendant would not let the victim out of his sight at family events, he became upset when she wanted to go for a walk with a friend and he was not invited, and generally exhibited controlling behaviors in all different settings,” assistant Dist. Atty. Angela Wilson wrote in a motion filed Monday in district court.

Wilson also asked Fairchild to let jurors hear evidence about Ross’ “peaceful and kind” nature as a way to rebut arguments by defense attorneys that someone else might have killed her.

“Witnesses universally will testify that Carmin Ross was a peaceful person who did not have disputes with any person other than the defendant,” Wilson wrote.

In other pretrial motions filed Monday, prosecutors asked Fairchild:

  • to allow Ross’ family members to be in the courtroom during the trial even though some will be called as witnesses.
  • to prevent jurors from hearing any mention that the lead prosecutor in the case, Thomas J. Bath Jr., has been hired by the Ross family.
  • to order Murray’s attorneys to give them a list of all expert witnesses they intend to call to testify in his defense.

Murray’s attorneys have filed a motion of their own asking Fairchild to keep out evidence including crime-scene detectives’ use of a chemical that illuminates blood. In some cases, defense attorneys argue, the chemical wasn’t documented by photos so it can’t be used in court.

They also want to keep out any references to Murray’s authorship in the 1980s of a linguistic glossary of terms used in sadomasochism. The fact that Murray wrote the book, they say, is irrelevant and prejudicial.

A hearing on pretrial motions is set for Feb. 3.