Michael J. Devlin will remain in his solitary jail cell directly across from the control room of the Franklin County Jail in Missouri.
In a hearing Thursday morning before Missouri’s Associate Circuit Judge David Tobben, attorneys for Michael J. Devlin were again denied their request to relocate their client to another facility. In this hearing, defense counsel requested the move based upon their need to be closer to their client and so that Devlin’s family can have easier access, too. (None have visited Devlin during his incarceration so far.)
Judge Tobben denied the request and further stated that the parties should remember the needs of the Hornbeck and Ownby families. “Let’s not forget about the victims,” said the Judge.
In their next hearing before Circuit Judge Gael D. Wood, defense counsel argued their motion there to have a complete transcript made of the upcoming Grand Jury hearing into Devlin’s kidnapping of Ben Ownby and make that available to defense counsel in the preparation of their case for trial. Prosecuting attorney Bob Parks argued against the measure stating that he is the only party to have authorized access to Grand Jury testimonies and to change that, in any way, establishes a precedent that will be to the detrement of the system now and in future cases. Parks also stated his intention of adding a new charge against Devlin in the Ownby matter, to include armed criminal action in the abduction of the child, but did not say when this formal charge would be made.
Judge Wood will take the arguments under advisement and make a ruling on the Grand Jury transcript access by next Tuesday, February 20.
The St. Louis Post-Dispatch has the complete story here: