June 6 trial date set in murder case

Published 6:00 am Tuesday, December 6, 2005

A trial date of June 6 was set Monday for a Lincoln County manaccused of capital murder in the January 2004 death of conveniencestore owner John Deere.

Several members of Deere’s family broke into tears as the trialdate was set during a hearing Monday in Lincoln County CircuitCourt. One family member, who did not wish to be identified, saidshe “wanted justice” and was tired of all the delays.

The family of Kenneth Baggett Jr., who has been accused of thecrime, were also angry at the amount of time it has taken the caseto go to court.

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Baggett, of 2471 Lake Lincoln Dr., has pleaded innocent in theJan. 16, 2004, killing that happened at the Airport Pik andPak.

Baggett was arrested in June 2004 and remains in jail under a$750,000 bond. At the request of defense attorney Leslie Roussell,Judge Mike Taylor set a hearing for Monday to discuss thepossibility of lowering the bond.

By the time of the trial, Baggett will have been jailed for twoyears for a crime he has not been convicted of, Roussell said.

Taylor also considered a motion in the case from the districtattorney’s office for a blood sample and palm print from Baggett.Assistant District Attorney Diane Jones said the prosecution needsa blood sample for DNA comparison on a cigarette butt found at thescene of the crime.

Roussell objected to the motion on the grounds that he did notremember the cigarette butt being entered as evidence. Hequestioned when the butt was found and why it had not been enteredinto evidence in all that time.

“My main concern in objecting to this is the time frame on whichit came about,” he said. “It’s been almost two years.”

Capt. Steve Rushing, an investigator with the Lincoln CountySheriff’s Department, said he recently found the cigarette butt incase files. Former sheriff’s department investigator Lance Falveyhad initially worked the case and Rushing only took over a fewmonths ago when Falvey left the department.

Rushing testified the cigarette butt was found at the scene andwas only relocated after the case files were transferred tohim.

The palm prints are necessary, Jones said, to see if theymatched those found on a glass display case in the store. Deere’sprints had already been used for comparison.

Roussell did not object to the palm prints.

Taylor granted both of the prosecution’s requests.