Douglas County judge won’t dismiss case against two Lawrence robbery suspects

A Douglas County judge Wednesday declined to dismiss a Lawrence robbery case Wednesday after defense attorneys accused prosecutors of coercing a juvenile defendant who has been adjudicated in the case.

Defense attorneys Branden Smith and John Kerns, during a four-hour hearing, pointed to a December courtroom exchange between Deborah Moody, an assistant Douglas County district attorney, and the mother of the juvenile defendant, who is a witness in the case against their clients Dustin A. Smith, 24, and Mikael Englund, 23, both of Richmond.

Prosecutors accuse Englund of robbing a Lawrence man at his home in the 800 block of Hilltop Drive twice — once in late January 2011 or early February 2011 and on March 14, 2011. Dustin Smith is accused of participating in the March 14 robbery with Englund and the juvenile.

The defense attorneys argued Moody was upset after the juvenile’s testimony at a December preliminary hearing because it did not match an earlier statement he gave to Lawrence police, and prosecutors had told the boy’s mother he could face perjury charges if he didn’t change his testimony at trial.

“With the continued coercion, there’s no way that Dustin Smith can have a fair trial,” Branden Smith argued.

District Judge Paula Martin said she didn’t condone Moody’s behavior with the juvenile’s mother, but she said the boy’s mother testified Wednesday she had contacted defense attorneys and was communicating advice to her son that if he lied in court he could face perjury charges.

“There isn’t any evidence that the state communicated any threats to (the juvenile) directly or through his mother,” Martin said.

James McCabria, another assistant district attorney, said in court Moody’s reaction to the juvenile’s mother in December was “unprofessional” and Moody called and apologized the next day. He also said witnesses who testified Wednesday, including the boy’s mother, did not indicate prosecutors threatened the juvenile with perjury charges.

Dustin Smith has a trial in the case scheduled for Feb. 27. Englund’s trial is scheduled for April 2.