Judge won’t drop King’s murder charge
Justin PizzalaA judge denied a motion Monday to throw out the second-degree murder indictment of former football player James King.
Ernest Jarrett, King’s attorney, submitted the motion to Isabella County Trial Judge William Ervin Nov. 30 because he felt part of the indictment was “defective.”
Jarrett said the charges of second-degree murder, involuntary manslaughter and assault with intent to do great bodily harm were not specific enough in regard to King’s alleged role in the beating death of DeMarcus Graham in July 2004 outside Shaboom’s Pub Club, 10 Court St.
“The defendant is not reasonably placed on notice as to what he is to defend against, as is left only to guess at what the People intend to prove at the time of trial,” Jarrett said in the motion. “This constitutes a denial of due process warranting that the indictment be quashed.”
Jarrett pointed out the indictment said the offenses were alleged to occur during a 19-day window, from June 25, 2004 – when the beating occurred – and July 14, 2004, the day Graham died in a Saginaw hospital.
He said King does not know when, where or how he allegedly committed a crime and this creates a dilemma that is “constitutionally impermissible.”
Isabella County Prosecutor Larry Burdick said a motion to throw out, or quash, an indictment is not common. He said he has never been concerned about the language of the charges.
“Our response to (the motion) is they are not vague at all,” Burdick said. “The judge agreed with our position and denied it.”
The indictment included what King is charged with, where it happened and how it happened, Burdick said.
In the second part of the motion, Jarrett requested the indictment charging perjury in connection with testimony on May 2, 2005 be quashed because it is too specific. He said the indictment talks about three separate statements that potentially could confuse jurors.
Burdick said Ervin denied this motion as well because he felt it wasn’t confusing.
Jarrett also filed a separate motion Nov. 30 to request King have permission to travel outside of Michigan. His current bond conditions do not allow him to leave the state.
The motion said King was released by the Cleveland Browns after the organization learned of his indictment.
“Since being released by the Browns, (King) has tirelessly sought gainful employment of a more traditional kind,” Jarrett wrote in the motion. “In many instances, it appeared to the defendant that the pending prosecution has been the only reason no employment has been offered.”
As a result, King was interested in trying out for the New York Dragons of the Arena Football League.
However, Burdick said Jarrett withdrew the motion before Ervin heard his argument.
The final motion Jarrett submitted involved retrieving Graham’s medical records. The motion argues King has the right to “any and all evidence available which touches upon the nature and extent of injuries sustained by Mr. Graham, and his eventual death.”
Jarrett was unavailable for comment Tuesday.
