Media Links Only After Osburn's Arrest

[Pauli]

Last Update: 9/07 11:11 am
http://www.fox16.com/sites/klrt/images/video1.gifWatch This Video (http://www.fox16.com/mediacenter/?videoId=40966)

A 46-year-old truck driver from Desha County is charged in the death of 17-year-old Casey Crowder. Crowder was reported missing August 28 after her car ran out of gas on Highway 65 in Dumas. Six days later, after an extensive search, her body was found near a canal. Authorities say, DNA evidence and resident interviews led to the arrest.

FOX16's talked to investigators to get the latest on the case including how Crowder died, and the suspects criminal history. "Casey was strangled to death," said Thomas Deen. New information Friday from prosecutor Thomas Deen right outside the Desha County Courthouse in Arkansas City. Right now authorities say its unknown if Crowder and suspect, 46-year-old Kenneth Osburn knew each other.

Friday, Kenneth Osburn faced a judge and was charged with capital murder and kidnapping. We did some digging and found out that this isn't the first time he's been in trouble with the law, he's been convicted of four other felonies.

"His habitual offender status is based on non-violent crimes he's previously been convicted of. He has not been convicted of any sexual offenses," said Deen.

Word that suspect Kenneth Osburn was arrested and charged with Crowders death traveled fast throughout Desha county, where Sherry Cupples lives. She's known Osburn most of her life. "Everybody is wondering did he really do this? Could he really have done this, in reality, no, but now that he's charged, you wonder who you can really trust and if I was stranded on the road, I would have taken a ride with him," said Sherry Cupples. Friday, bond was denied for Osburn. He's being held in the Dumas City Jail, authorities say he has turned down a court appointed attorney and will retain his own counsel. Osburn will make his next court appearance within the next week.

http://www.fox16.com/news/local/story.aspx?content_id=85724BB2-6918-4425-953E-BA752EE6B522

[Pauli]

Kenneth Osburn was Arrested & Charged with capital murder and kidnapping of Casey Crowder (http://missingexploited.com/2006/09/29/kenneth-osburn-was-arrested-charged-with-capital-murder-and-kidnapping-of-casey-crowder/)


Police made an arrest Thursday in the kidnapping and murder of Casey Crowder. 46 year old Kenneth Osburn was arrested Thursday and charged with capital murder and kidnapping. Police make an arrest in the disappearance and death of missing Arkansas teen, Casey Crowder. 46-year-old truck driver Kenneth Osburn was arrested Thursday and charged with capital murder and kidnapping. Crowder disappeared during the early morning hours of August 27th after running out of gas while returning home from her boyfriend’s house. Crowder’s body was found six miles from the spot where she ran out of gas. (KSLA (http://www.ksla.com/Global/story.asp?S=5474871))
Crowder Murder Suspect Arrested

A 46-year-old truck driver is under arrest in the death of a 17-year-old girl who was killed after running out of gas in Arkansas on August 27th near Dumas on US 65.

Desha County officials say Kenneth Osburn was arrested on suspicion of murdering and kidnapping Casey Crowder. He made his first court appearance on Friday morning. The judge has ordered that Osburn be held without bond.

Officials say D.N.A. evidence and interviews with residents led to Osburn’s arrest. (WREG (http://www.wreg.com/Global/story.asp?S=5474619))


Desha Co. Officials Arrest Truck Driver In Crowder’s DeathA 46-year-old truck driver from McGehee was arrested Thursday in the death of Casey Crowder, a 17-year-old girl who was killed after running out of gas on U.S. 65.

Desha County Sheriff-elect Jim Snyder says Kenneth Osburn was arrested on suspicion of capital murder and kidnapping. (Eyewitness News ABC 24 (http://www.myeyewitnessnews.com/news/tristate/story.aspx?content_id=2A21A411-2D97-42A0-9803-5B8ABA2AD583))

[Pauli]

http://www.myeyewitnessnews.com/news/trist...EE-A9B6372BB1E2 (http://www.myeyewitnessnews.com/news/tristate/story.aspx?content_id=400E2DC4-D516-4B05-98EE-A9B6372BB1E2)

Man Charged In Casey Crowder Slaying Makes First Appearance

Posted: 9/29/2006 3:06:51 PM

The man accused in the slaying of 17-year-old Casey Crowder has made his first court appearance before a judge in Arkansas City.

The judge ordered 46-year-old truck driver Kenneth Osburn of McGehee held without bond. Prosecutor Thomas Deen is to file formal capital murder and kidnapping Friday against Osburn.

Casey ran out of gas early on August 27th on U.S. 65 near Dumas and disappeared. Her body was found September second.

Osburn was arrested Thursday after authorities said he was linked to Casey's death from a DNA sample and other evidence. Investigators credited interviews with residents and surveillance tapes from area businesses for helping in the arrest.

Deen says Osburn was employed by USA Trucking of Van Buren as an over-the-road driver -- a job that has taken Osburn across the country. But investigators impounded a pickup truck for a time to gather evidence from it.

Two other Arkansas police agencies have asked to explore whether unsolved crimes can be solved by Osburn's arrest. But authorities say there were NO immediate hits that linked Osburn to other cases.

[Pauli]

http://www.katv.com/news/stories/0906/365291.html (http://www.katv.com/news/stories/0906/365291.html)

Casey Crowder's Mother Speaks Out about Recent Arrest

Friday September 29, 2006 9:55pm Reporter: Jessica Morkert Posted By: Cassie Cummings

Dumas - The arrest of Kenneth Osburn has impacted the entire community especially the family of Casey Crowder.

Casey’s mother, Melinda, says while she’s pleased that someone’s in custody it’s still hard to believe her daughter is never coming home.

Melinda Crowder describes bittersweet feelings. The news of Kenneth Osburn’s arrest is the beginning of closure for the family but it’s also square one.

(Melinda Crowder, Casey Crowder’s Mother) "In a way it's like it's starting all over again, but maybe we can see it as the beginning of the end."

An emotional rollercoaster for the Crowder Family with news of Kenneth Osburn’s arrest it’s been over four weeks since Casey first disappeared.

Melinda Crowder says her daughter was a 17-year-old with a bright future. She recalls the spring break when Casey went to Las Vegas. A picture was made there with her and Tim Mcgraw.

Casey was also a softball player and an avid hunter with ambitions of becoming a game warden.

(Melinda Crowder) "She just loved to hunt and fish and to be outdoors. She could fish with the best of them.. Ya know out-fish the best of em. She shot her first deer last year and just loved the woods."

It’s been a day to day healing process for the family as Crowder recalls the chain of events that unfolded in late August and September.

Although Thursday’s arrest brings some solace.

(Melinda Crowder) "I know it's not going to bring my daughter back but may it will bring some justice."

The Crowder’s extended family will hold additional memorial service in Mississippi.

[Pauli]

http://www.pbcommercial.com/articles/2006/.../news/news1.txt (http://www.pbcommercial.com/articles/2006/09/30/news/news1.txt)

TRUCKER COULD FACE DEATH PENALTY

By Patty Wooten/OF THE COMMERCIAL STAFF
Friday, September 29, 2006 10:56 PM CDT

ARKANSAS CITY — The man accused of kidnapping and killing 17-year-old Casey Crowder was denied bail Friday on capital murder and kidnapping charges, beginning a legal process that could end in a death sentence if he’s convicted.

Kenneth Ray Osburn, a 46-year-old widowed truck driver and father of two from the Wolfe Project near McGehee, had his first court appearance on charges of capital murder and kidnapping.

He allegedly kidnapped the Pine Bluff girl during the early morning hours of Aug. 27 when her vehicle ran out of gas on U.S 65 at Dumas, then strangled her to death.

Casey’s body, identified by dental records, was discovered in a remote area east of Dumas on Sept. 2, six days after she disappeared.

“Casey was a motorist in distress and instead of coming to her aid Mr. Osburn kidnapped and strangled her to death,” 10th Judicial District Prosecutor Thomas Deen said.

Deen asked that Osburn be held without bond.

“As (Osburn) is going to be charged with a capital offense and I anticipate the state will be seeking the death penalty, I ask that he be held without bond,” Deen told Circuit Court Judge Teresa French, who was presiding at Osburn’s first appearance hearing in Desha County Circuit Court on Friday.

Wearing handcuffs and orange and white striped jail issue clothing, Osburn answered a few questions, telling French he didn’t need a public defender.

He said his mother had contacted Erwin Davis, a Fayetteville attorney, and he anticipated hiring Davis to defend him.

Responding to Deen’s request that he be held without bond, Osburn asked that a bond be set so he could go to work. He said he is employed by USA Truck of Van Buren.

“I don’t have to go back to the company I’m working for but I could work around here on a farm or something,” he said.

French denied bond.

Osburn, who has been charged as a habitual offender, allegedly has “four or more” prior felony convictions, all non-violent offenses, and while there is no evidence he has committed offenses similar to the ones he is now charged with, his occupation as a truck driver takes him across the country, according to Deen.

Deen said two other Arkansas law enforcement agencies contacted the Desha County Sheriff’s Department about unsolved murders in their jurisdictions but those leads did not result in any follow up by those jurisdictions.

Authorities still won’t say what specific evidence led to Osburn’s arrest.

“It is cumulative evidence gathered over the last four weeks, including interviews and surveillance tapes,” Deen said.

Deen was referring to tapes from surveillance video at businesses located along U.S. 65 at Dumas where Casey’s abandoned vehicle was discovered.

Her locked vehicle was found within walking distance of a gas station.

Police said Casey, a senior at Watson Chapel High School, was on her way home to Pine Bluff from her boyfriend’s home at Pickens when her vehicle ran out of gas.

[Pauli]

http://www.katv.com/news/stories/1006/370700.html (http://www.katv.com/news/stories/1006/370700.html)

Prosecutors want to Collect DNA from Suspect's Pets in Crowder Case

Saturday October 21, 2006 6:27pm

Arkansas City (AP) - Prosecutors want to collect DNA from the pets belonging to Kenneth Osburn, a 46-year-old truck driver accused of killing a Pine Bluff teen.

Osburn, who lives near McGehee, is charged with capital murder and kidnapping in the August 27th death of 17-year-old Casey Crowder, a senior at Watson Chapel High School who disappeared after running out of gas along U. S. 65.

Analysts at the state Crime Lab recovered animal hair resembling that of a dog and cat on Crowder's clothing, according to an affidavit for a warrant to collect DNA from Osburn's dogs and cats.

Prosecutor Thomas Deen says an out-of-state lab will need to analyze the animals' DNA because the Arkansas crime lab does not perform mitochondrial DNA testing on animal hairs.

Osburn's attorney, Bing Colvin, said investigators 'mentally tortured' Osburn to obtain a confession of Crowder's murder.

Colvin says: "This is a very important case and somebody needs to pay for what they did, but let's get the right person."

[Pauli]

http://www.katv.com/news/stories/1006/370470.html (http://www.katv.com/news/stories/1006/370470.html)

Casey Crowder Murder Case Investigation Update

Thursday October 19, 2006 8:14pm Reporter: Michelle Rupp Posted By: Talisa Austin

Desha County -

There’s new information in the murder case of Pine Bluff teenager Casey Crowder. Channel 7 news has obtained court documents from the case.

The affidavit details a police interview with Osburn shortly after his arrest. There is no mention of a motive; however these papers include an alleged confession.

Kenneth Osburn was arrested for the death of Casey Crowder September 28th. According to court papers Osburn "admitted that he caused the death of Casey Crowder. He admitted that he took Casey to 43 Canal in his Chevrolet truck where her body was found."

Crowder's body was discovered by National Guard troops on September 2 in a wooded area in Desha County. She ran out of gasoline six days earlier and disappeared while walking along Highway 65.

Osburn's attorney, who declined an interview, says the alleged confession came after his client was questioned for 23 hours and repeatedly denied council.

Documents go on to say agents noticed "numerous scratches on both arms and one small cut on one of his arms". "Osburn was asked to remove his shirt he had some faint abrasions on his chest and elbows." Osburn also had "faint abrasions on his knees." Osburn told officers "his dog had scratched him on the arms and the places on his knees, elbows and chest were from some type of skin irritating disease."

The case is on hold right now pending the outcome of a mental evaluation of Osburn which is standard in cases seeking the death penalty.

[Pauli]

http://www.wreg.com/Global/story.asp?S=5523592 (http://www.wreg.com/Global/story.asp?S=5523592)

Suspect in Crowder death pleads innocent

ARKANSAS CITY, Ark. A truck driver accused of kidnapping and killing a Pine Bluff teenager pleaded innocent to the charges today.

Forty-six-year-old Kenneth Ray Osburn, who lives near McGehee, is charged with capital murder and kidnapping in the August 27th death of Casey Crowder, a senior at Watson Chapel High School who disappeared after running out of gas along U-S 65.

Prosecuting Attorney Thomas Deen says he expects the state to seek the death penalty against Osburn. Deen also says that surveillance tapes from businesses along U-S 65 and D-N-A evidence link Osburn to Crowder's killing.

Crowder's body, which was identified through dental records, was found in a ditch near McGehee on September Second.

Osborn, a widowed commercial truck driver, appeared before Circuit Judge Sam Pope. After receiving Osburn's innocent plea, Pope appointed Bing Colvin of Monticello as Osburn's attorney.

[Pauli]

http://www.pbcommercial.com/articles/2007/.../news/news2.txt (http://www.pbcommercial.com/articles/2007/03/08/news/news2.txt)

PRETRIAL HEARING SET FOR OSBURN IN CROWDER CASE

By Patty Wooten/OF THE COMMERCIAL STAFF
Wednesday, March 7, 2007 11:30 PM CST

A pretrial hearing for Kenneth Osburn, the Desha County man charged with kidnapping and capital murder in connection with the August 2006 death of 17-year-old Casey Crowder, has been continued until Aug. 23.

Circuit Judge Sam Pope granted a defense motion for the five-month continuance Tuesday following a conference call with Osburn’s attorney Jim Wyatt of Little Rock and 10th Judicial District Prosecutor Thomas Deen.

The hearing, which will be held in Desha Circuit Court at Arkansas City, was originally set for today. Deen said he did not object to the defense motion to allow more time to prepare for the hearing and trial. The trial, originally set for May, has been continued until Sept. 21-22 and Sept. 24-27.

Wyatt has filed dozens of motions in the case, including a motion to declare the death penalty cruel and unusual punishment, a motion to quash the charges, a motion to suppress statements Osburn allegedly made to law enforcement officers, and the motions for continuance.

Crowder, a senior at Watson Chapel High School, disappeared Aug. 27 after her vehicle ran out of gas on U.S. 65 at Dumas. Her body was found six days later in a wooded area near a drainage canal about six miles east of Dumas.

Police believe Osburn, a 46-year-old widowed truck driver from the Wolfe Project near McGehee, abducted and killed the girl. He faces a possible death sentence, if convicted.

[Pauli]

http://www.todaysthv.com/news/news.aspx?storyid=42757 (http://www.todaysthv.com/news/news.aspx?storyid=42757)

Trial Delayed For Suspect In Teen's Slaying

The capital murder trial for a man accused in the death of a Pine Bluff teenager has been delayed five months. Kenneth Osburn, who is charged with capital murder and kidnapping in the August 2006 death of Casey Crowder, now faces a September 21st trial date. The trial initially was set for May.

Circuit Judge Sam Pope granted the defense's motion for the five-month continuance. Pope also set a pretrial hearing for August 23rd.

Crowder ran out of gas on U.S. 65 at Dumas while she was returning to Pine Bluff after visiting her boyfriend at Pickens. Her body was identified by dental records after it was discovered on September Second, six days after she disappeared. Authorities say she was strangled.

[Pauli]

http://www.ashleycountyledger.com/articles...ws/h16f078w.txt (http://www.ashleycountyledger.com/articles/2007/10/27/news/h16f078w.txt)

Desha County Capital Case Moved to Ashley County For Trial During January

Tenth Judicial District Circuit Judge Sam Pope has reserved seven days on his calendar in January for a capital murder trial involving a Desha County man charged in the death of a Pine Bluff teen.

Judge Pope on Tuesday, September 18, signed an order approving a change of venue in the case from Desha County to Ashley County. The case is set for January 10-11 and then continuing January 14-18 in the courthouse in Hamburg.

Kenneth Osburn of Wolfe Project east of McGehee faces capital murder charges in connection with the death of Casey Crowder. Crowder, 17, and a senior at Watson Chapel High School in Pine Bluff, disappeared after apparently running out of gas on Highway 65 in Dumas on Sunday, August 27, 2006. She had been visiting a friend near Dumas and was on her way home. She called her mother about 6:08 a.m. and said she was out of gas and planned to walk to a gas station. No one heard from her after that. The doors of the vehicle were found locked just inside the Dumas city limits with the emergency flashers on.

A week later, on September 2, Arkansas National Guard search crews found Crowder's body in a wooded area several miles from where her car was abandoned. The trial had been scheduled to start in Arkansas City on September 20.

Osburn's defense attorney requested the change of venue stating, "this case has been highly publicized to the extent that the mind of the inhabitants of Desha County are so prejudiced against Kenneth Osburn that a fair and impartial trial cannot be had in this county." Officers arrested and charged Osburn about a month after Crowder disappeared.

[Pauli]

OSBURN PROCLAIMS INNOCENCE

By Patty Wooten/OF THE COMMERCIAL STAFF
Wednesday, October 11, 2006 9:13 AM CDT

ARKANSAS CITY — A truck driver pleaded innocent Tuesday in the kidnapping and strangulation death of a Pine Bluff teenager in a case built on video tapes, witness statements, and possible forensic evidence.

Kenneth Ray Osburn, a 46-year-old widowed truck driver from the Wolfe Project near McGehee, is charged with kidnapping and capital murder in the Aug. 27 death of Casey Crowder, a 17-year-old senior at Watson Chapel High School.

If convicted of kidnapping, Osburn faces a possible life sentence. If convicted of murder, he faces either life imprisonment or the death penalty.

Tenth Judicial District Prosecutor Thomas Deen said he anticipates the state will seek the death penalty.

In addition to witness statements and video tapes retrieved from surveillance cameras at businesses along U.S. 65 at Dumas where Crowder is believed to have been abducted, the state Crime Lab has identified certain animal hairs submitted in the case.

Deen said his office is consulting with an out-of-state lab to conduct forensic DNA analysis on those hairs.

The Arkansas Crime Lab does not perform mitochondrial DNA testing on animal hairs, according to Deen.

“There are hairs other than animal hairs that will also be analyzed,” Deen said.

Deen declined to disclose specific information about the “other” hairs or type of animal hair that will be analyzed.

Crowder’s body, identified through dental records, was found on Sept. 2 in a remote area in eastern Desha County, about six miles from U.S. 65 where her vehicle apparently ran out of gas.

Police said Crowder was returning home to Pine Bluff from her boyfriend’s home at Pickens during the early morning hours of Aug. 27.

Her abandoned vehicle was discovered later that day. It had no gas in the tank, the doors were locked and the emergency flashers had been turned on.

“Casey was a motorist in distress and instead of coming to her aid Mr. Osburn kidnapped and strangled her to death,” Deen said in a recent interview.

Osburn, a convicted felon who completed the ninth grade before obtaining a General Equivalency Diploma (GED), was arrested on Sept. 28.

At a hearing here Tuesday morning, Circuit Court Judge Sam Pope asked Osburn if he understood the charges against him and the possible penalties.

Osburn said he didn’t understand the word “or” in the kidnapping charge.

Pope explained that the term “or” is used because the state outlined several possible purposes for which Crowder was kidnapped.

To be convicted of kidnapping the state has to prove one or more of six specified purposes for which the victim was kidnapped. In the Crowder case, the state has specified three possible purposes: To inflict physical injury or terrorize her or engage her in sexual intercourse, deviate sexual activity, or sexual contact.

After hearing Pope’s explanation, Osburn said he understood the charges and possible penalties.

He pleaded not guilty.

Pope appointed Bing Colvin of Monticello, the chief public defender for the 10th Judicial District, to represent Osburn.
http://www.pbcommercial.com/articles/2006/10/11/news/news3.txt

[Pauli]

ATTORNEY CONDEMNS CONFESSION

By Patty Wooten/OF THE COMMERCIAL STAFF
Friday, October 20, 2006 11:43 PM CDT

ARKANSAS CITY — An affidavit for a search warrant to collect DNA from Kenneth Osburn’s pets says the 46-year-old trucker admitted he caused Casey Crowder’s death and took her to the location where her body was found six days later.

The 17-year-old Pine Bluff girl’s body was discovered on Sept. 2, in a wooded area near a drainage canal about six miles from U.S. 65 at Dumas where her blue Dodge Durango ran out of gas during the early morning hours of Aug. 27.

She was headed home to Pine Bluff from her boyfriend’s home at Pickens.

Osburn’s court-appointed attorney, Bing Colvin, of Monticello, maintains the alleged confession came after 23 hours of “Taliban-type interrogation” despite repeated requests for an attorney.

“They mentally tortured the guy,” Colvin said Friday. “They threatened to arrest his daughter if he didn’t tell them what they wanted to hear.”

Tenth Judicial District Prosecutor Thomas Deen had no comment about Colvin’s claim.

“I’ll reserve mine (comments) for the courtroom,” Deen said.

Colvin said he is basing his information on what Osburn and “someone close to the interrogation” told him.

“This is a very important case and somebody needs to pay for what they did, but let’s get the right person,” Colvin said.

Police believe they have the right person.

Osburn, who lives in the Wolfe Project community near McGehee, was arrested Sept. 28 after police conducted numerous interviews and reviewed videotapes from surveillance cameras at the Sonic Drive-In on U.S. 65 and the Dollar General Store on U.S. 165.

A trace evidence analyst at the state Crime Lab subsequently recovered animal hair resembling that of a dog and a cat on Crowder’s clothing, according to an affidavit for a warrant to collect DNA from Osburn’s dogs and cats.

Deen’s office is consulting with an out-of-state lab to conduct forensic DNA analysis on those hairs.

The Arkansas Crime Lab does not perform mitochondrial DNA testing on animal hairs, according to Deen.

Charged with kidnapping and capital murder, Osburn faces a possible death sentence if convicted.

http://www.pbcommercial.com/articles/2006/10/21/news/news3.txt

[Pauli]

OSBURN ATTORNEY SEEKS TO BE REMOVED FROM CASE

By Patty Wooten/OF THE COMMERCIAL STAFF
Friday, October 27, 2006 10:30 PM CDT

ARKANSAS CITY — Bing Colvin, the public defender appointed to represent Kenneth Osburn, has asked to be relieved as Osburn’s counsel because Colvin has become a witness in the case and his office is already handling four unrelated death penalty cases.

Osburn, a 46-year-old trucker, is charged with the Aug. 27 kidnapping and strangulation death of Casey Crowder.

The 17-year-old Pine Bluff girl’s body was discovered Sept. 2 in a wooded area near a drainage canal about six miles from U.S. 65 at Dumas, where her vehicle ran out of gas during the early morning hours of Aug. 27 while returning home from her boyfriend’s home at Pickens.

Colvin said he discussed the issue with Didi Sallings, executive director of the state Public Defender Commission, and both agreed he could not defend Osburn and provide adequate representation for his other four clients.

Moreover, Colvin said “witnesses” to a confession Osburn is alleged to have made after his arrest disclosed to him certain information that has made him a witness in the case. Because an attorney cannot testify on behalf of his own client, Colvin said he should be relieved for that reason alone.

Tenth Judicial District Prosecutor Thomas Deen said he will not object to Colvin’s motion to be relieved.

Colvin did not disclose in his motion what information he received from the “witnesses,” but in a recent interview Colvin said Osburn’s alleged confession came after 23 hours of “Taliban-type interrogation” despite repeated requests for an attorney. Colvin said he was basing that information on what Osburn and “someone close to the interrogation” told him.

“I sure hate to give it up,” Colvin said, referring to the Osburn case. “This is going to be an extremely interesting case, but it’s going to take an awful lot of work, far above a normal capital case.”

Colvin says he doesn’t believe the state has enough evidence to convict Osburn.

But police believe they have the right person.

Osburn, who lives in the Wolfe Project community near McGehee, was arrested Sept. 28 after police conducted numerous interviews and reviewed videotapes from surveillance cameras at the Sonic Drive-In on U.S. 65 and the Dollar General Store on U.S. 165.

Crowder, while stranded on U.S. 65, had made several cell phone calls, including one to her mother saying her vehicle was out of gas and she would call someone for help and another call leaving a message on her boyfriend’s brother’s cell phone, asking him to tell her boyfriend she needed him to bring her some gas.

According to an exhibit attached to an affidavit for the warrant to arrest Osburn, the image of a southbound white pickup truck fitting the description of Osburn’s personal vehicle was captured on a surveillance video camera at the Sonic Drive-In on U.S. 65, approximately three minutes after Crowder made her last cell phone call seeking help.

Less than three minutes later, the same vehicle was captured on the Sonic video camera traveling north on U.S. 65, according to the exhibit outlining the “facts” constituting reasonable cause for Osburn’s arrest.

At 6:46 a.m., shortly after the truck passed the Sonic headed north, the truck was captured on video surveillance camera at the Dollar General Store on U.S. 165, headed east, according to the exhibit.

On Sept. 5, three days after Crowder’s body was found, a woman told police she saw Osburn traveling east on U.S. 165 toward the river. She said a passenger in the truck was “slumped down and laid over toward the passenger window,” according to the exhibit.

Police noted in the exhibit that Crowder’s body was found east of Dumas, which is the direction Osburn allegedly was traveling the morning of Aug. 27.

Osburn, according to a statement he reportedly made to police two days after Crowder’s body was found, said he had taken his daughter to work at a Dumas nursing home sometime between 6:15 a.m. and 6:30 a.m. then went to Matthews truck stop at the intersection of U.S. 65 and 165 to drink a cup of coffee.

He said he left about 20 minutes later headed home to McGehee, according to the exhibit.

When told that his truck was seen traveling north on U.S. 65 minutes after it was seen traveling south, Osburn reportedly told police he turned around and went back to Matthews to buy a pack of cigarettes. He said he bought one pack then went home, according to the exhibit.

Osburn’s truck was not seen going south again after it headed north and cash register receipts from Matthews, during the time frame in question, did not show the purchase of a single package of cigarettes, according to the exhibit.

Osburn is alleged to have confessed following his arrest. According to an affidavit for a search warrant to collect DNA from Osburn’s pets, Osburn admitted he caused Crowder’s death and took her to the location where her body was found six days later.

A trace evidence analyst at the state Crime Lab recovered animal hair resembling that of a dog and a cat on Crowder’s clothing, according to the affidavit for a warrant to collect DNA from Osburn’s dogs and cats.

Police are now awaiting the results of DNA tests on the animal hair.

http://www.pbcommercial.com/articles/2006/10/28/news/news2.txt

[Pauli]

Links to K O Evaluation
http://epaper.ardemgaz.com/WebChann...1304&Section=Qh (http://epaper.ardemgaz.com/WebChannel/ShowStory.asp?Path=ArDemocrat/2006/12/02&ID=Ar01304&Section=Qh)

http://www.pbcommercial.com/shared-...rn&submit=Go%21 (http://www.pbcommercial.com/shared-content/search/index.php?search=1&o=0&l=25&q=osburn&submit=Go%21)

[Pauli]

Reproduced from the ARKANSAS DEMOCRAT-GAZETTE 24th or 25th March


More than 30 motions holding up murder trial
BY MIKE LINN
ARKANSAS DEMOCRAT-GAZETTE

ARKANSAS CITY - On the third floor of a 97-year-old refurbished schoolhouse in this rural Mississippi River town are two case files marked for Kenneth Ray Osburn, the Desha County man accused of killing a Pine Bluff teenager sever months ago and dumping her body near a canal.

Taken together, the materials housed with the Desha County circuit clerk measure about 2 inches thick. They include more than 30 motions filed by Osburn's attorneys, aimed at assuring he receives a fair trial and avoids potential execution.

Osburn, 47, is accused of kidnapping and capital murder in the death of 17-year-old Casey Crowder, who ran out of gas about 6 a.m. on Aug. 27 in Dumas and was never seen again. Authorities found her body six days later, six miles east of the city, after an extensive search that attracted national media attention.

Twice postponed, Osburn's trial is set for Sept. 20 in Arkansas City, the Desha County seat.

Meanwhile, Crowder's mother, Melinda Crowder, continues to struggle as hearings in the case are delayed. Reminders of her daughter are everywhere.

"I can see a blond-headed, 17year-oldish girl walking down the street and it reminds me" Melinda Crowder said in an interview last week. "I can hear a song on the radio. I can see a certain flower. Everything makes me think about her. It's always there. It always will be."

While the Crowder family awaits justice, defense attorneys have made myriad requests of 10th Judicial District Circuit Judge Sam Pope. They want to limit testimony from Casey Crowder's family about the girl's background and how her death has affected their lives. Defense attorneys also want Pope to sequester the jury, and prohibit the prosecution from presenting graphic crime-scene photos that they believe could be prejudicial to Osburn.

Prosecuting Attorney Thomas Deen said that, while the state and Crowder's family want swift justice, it's important for a proper review of all court filings to avoid a potential retrial.

"We try to be careful, because these cases are very closely reviewed on appeal," Deen said. "We don't want there to be any error that would cause us to have to do this again."

Multiple delays are common in criminal proceedings, Deen said, especially capital-murder cases.

One of Osburn's defense attorneys, James Wyatt of Little Rock, spoke to a reporter briefly last Monday but did not return several phone calls seeking further comment later in the week. Court records show Wyatt issued subpoenas for three people to testify at a pretrial hearing initially set for March 8, before being postponed until Aug. 23.

Named on the subpoenas are Obsurn's daughter, Holly; Sgt Todd Daley of the Arkansas State Police; and Patty Wooten, a newspaper reporter for the Pine Bluff Commercial.

A woman who answered Holly Osburn's cell phone said she wasn't available to speak to a reporter, but asked to take a message. When the reporter said he was doing a story about the Crowder case, the line went dead. Court records indicate Osburn dropped his daughter off at work shortly before police say Crowder was abducted.

Daley, of the state police, reviewed video surveillance from a Dollar General store on U.S. 165 in Dumas, not far from where police say Crowder ran out of gas on U.S. 65, while on her way home from her boyfriend's house in Pickens, a farming community south of the city.

Crowder called her mother, Melinda, at 6:08 am, to tell her she was out of gas. Police believe Osburn encountered Crowder on the side of the highway as she walked to a service station for fuel.

Daley noted in an affidavit for-arrest warrant filed in the case that the surveillance video showed Osburn's single-cab, white Chevrolet pickup drive by the Dollar General at 6:46 a.m. in an easterly direction toward what area residents call the 43 canal. The canal is in a wooded area about six miles east of Dumas, where police discovered Crowder's body Sept. 2.

Osburn was arrested Sept. 28, was interviewed and "admitted that he caused the death of Casey Crowder," according to court records filed by law enforcement.

But, in a separate court filing, Osburn told a psychologist conducting a mental evaluation on the state's behalf that he didn't commit the crime.

"They got nothing on me .. no DNA.... I did not do it.... I confessed because they threatened me to lock up my daughter," according to the report signed by Myeong W. Kim, a licensed clinical psychologist and certified forensic psychologist.

Kim's report also stated that Osburn was mentally competent to stand trial.

In an affidavit prepared by Deen in support of the kidnapping and murder charges, the prosecutor accused Osburn of abducting Crowder "for the purpose of... engaging her in sexual intercourse, deviate sexual activity or sexual contact." In a separate affidavit, Deen said the killing was done "in an especially depraved or cruel manner, as part of a course of conduct intended to inflict mental anguish or serious physical abuse upon the victim."

Desha County Sheriff Jim Snyder described the slaying as one of the most "senseless" crimes he had investigated in 41 years of law enforcement.

"We've always had murders, just like every other county has, but we've never had one of this magnitude," said Snyder, who served 33 years with the Arkansas State Police. 'We've never had one that touched the sensitivity of the community like this one did."

Defense attorneys said in court papers that they would likely challenge any DNA evidence against Osburn. They also have asked Pope to prohibit people in the courtroom from displaying emotions at trial that may work against the defendant, a former truck driver.

Another defense motion seeks permission to present testimony from witnesses with personal knowledge about lethal injection - the state's method of execution - so the jury will be "fully informed about the nature of the punishment."

A University of Arkansas School of Law professor, Ray Guzman, said the judge would likely deny that request.

Guzman, who specializes in criminal law and evidence, said he didn't know much about the Osburn case.

Generally speaking, he said attorneys in a death-penalty case tend to err on the side of caution; they file more motions, "in part on the merits and in part to cover themselves [on appeal.]"

Still, Guzman observed, more than 30 pretrial motions is a lot.

"It sounds as though they're trying to cover every base before the trial starts," he said. "A lot of times attorneys will do that as a tactical point to just kind of sensitize the judge and get the judge ready for that motion they're going to stand up in court and make."

"I can see a blond headed, 17-year-oldish girl walking down the street and it reminds me. I can hear a song on the radio. I can see a certain flower. Everything makes me think about her. It's always there. It always will be.” --- Melinda Crowder

[Pauli]

Suspect In Teen's Death Goes to Court http://arkansasmatters.com/images/videoicon.gif (http://arkansasmatters.com/media_player.php?media_id=13651)

Reported by: Cecillea Pond-Mayo, KARK 4 News


Thursday, Aug 23, 2007 @06:14pm CST


http://arkansasmatters.com/media/jpg/osborn2007-08-23-1187927376.jpgThe man accused of killing a 16 year old Pine Bluff girl last year was in court Thursday morning. 47 year old Kenneth Ray Osborn is asking the judge to suppress a videotaped interview. It is unclear what is contained in the tape, but according to testimony investigators recorded this tape after Osborn told the sheriff, “Jim, it wasn’t me that did that to that girl. I was outside of myself. I was watching myself do that.” Before this tape in question, Osborn previously denied knowing anything about the death of Casey Crowder. Osborn’s attorneys say police continued to question him after he asked for an attorney. The judge is still reviewing the tape and has not issued a decision. Crowder ran out of gas on Highway 65 in Dumas early in the morning of August 28th. Her body was found in a wooded area 6 miles east of Dumas almost a week after her disappearance. Osborn’s trial is set to begin in late September.
http://arkansasmatters.com/content/fulltext/?cid=58957

[Pauli]

OSBURN CONFESSION COULD BE TOSSED

By Jeannie Nugent/OF THE COMMERCIAL STAFF
Friday, August 24, 2007 10:32 AM CDT

ARKANSAS CITY — A judge will likely decide within days whether the confession of accused killer Kenneth Osburn will be thrown out in his capital murder and kidnapping case that is set for trial in less than a month.

Osburn is accused of murdering Pine Bluff teenager Casey Crowder, whose body was discovered Sept. 2, six days after her abandoned car was found on U.S. 65, about 200 yards south of the Dumas Hospital.

Crowder’s mother, family and friends lined three rows on the right side of 10th Judicial District Judge Sam Pope’s courtroom, while Osburn’s family sat on the left.

At Thursday’s evidentiary hearing, defense attorney Jim Wyatt of Little Rock argued that investigators continued to interview Osburn even after he requested an attorney. Wyatt also claimed that law enforcement coerced the confession, using Osburn’s daughter, Holly Osburn, 20, as a pawn and producing fake “satellite” photographs of his truck at the crime scene.

Osburn was arrested on Sept. 28 in McGehee after returning from a trucking job. Arkansas State Police Special Agent Rick Newton testified that he, ASP Sgt. Todd Daly and FBI Special Agent Brody Boshears took Osburn to a metal shop behind Desha County Sheriff Jim Snyder’s home instead of to the interrogation room at the state police headquarters in Dumas. The reason, Newton said, was to protect Osburn from the horde of media that had congregated at the main office.

Investigators told Osburn during that interview that his daughter was being held and could be charged in the crime if he didn’t cooperate.

“Didn’t you say, ‘You talk to us and we’ll call up there and tell those guys to cut her loose’?” Wyatt asked Boshears.

Wyatt also pointed out that the transcript of the taped interview shows Osburn saying “Just call my lawyer. That girl ain’t been in my truck.” The investigators said under cross examination that Osburn mumbled a lot and they did not hear him ask for a lawyer.

It wasn’t until several minutes later that Newton ended the interview because Osburn requested an attorney.

Osburn’s daughter, Holly, testified Thursday that her father called her from Newton’s car while he was being transported back to the state police headquarters and told her to ask his parents to contact his lawyer.

Newton said he did not recall the phone call being made.

Osburn allegedly confessed to the crime while he was alone with Snyder, waiting for his family to arrive. Snyder testified that Osburn voluntarily told him that he wasn’t in his right mind and that he “watched” himself kill Crowder.

Wyatt said Snyder, not Osburn, initiated the conversation, by telling him “Kenny, you’ll get through this.” Snyder also testified that he abruptly stopped talking to Osburn when he confessed and immediately notified the other investigators.

The defense claimed that Snyder’s testimony was false, that he kept asking Osburn leading questions to encourage him to talk.

“That doesn’t sound like you stopped the conversation sheriff,” Wyatt said.

Prosecutor Thomas Deen said Osburn had every right to just sit silently during the interrogations, but he chose not to do that.

“The state can’t turn a blind eye to the murder of a 17-year-old girl,” he said.

The case is set for trial on Sept. 20 in Desha County Circuit here. Deen has said he will seek the death penalty.

Osburn was charged as a habitual offender because he has four prior felony convictions, all non-violent offenses.

[Pauli]

JURORS WILL HEAR OSBURN’S CONFESSION

By Jeannie Nugent/OF THE COMMERCIAL STAFF
Friday, September 7, 2007 9:57 AM CDT

ARKANSAS CITY — Confessions by accused killer Kenneth Osburn will be heard by jurors in the capital murder trial set for later this month, 10th Judicial District Judge Sam Pope has ruled.

Osburn is charged with killing Pine Bluff teenager Casey Crowder on Aug. 27, 2006. Her abandoned car was found just south of Dumas after she called her mother saying she was out of gas.

Pope’s order was filed Tuesday without any fanfare.

Attorneys for the 47-year-old Dumas truck driver asked Pope to dismiss Osburn’s confessions because interrogations continued even after he asked for a lawyer.

Osburn was arrested on Sept. 28 in McGehee after he returned from a trucking job. Arkansas State Police Special Agent Rick Newton, ASP Sgt. Todd Daly and FBI Special Agent Boyd Boshears then took Osburn to a metal shed behind Desha County Sheriff Jim Snyder’s home instead of the interrogation room at the state police headquarters in Dumas.

A tape of that interview shows Osburn asking for a lawyer twice. It wasn’t until the second request that Newton halted the session.

The judge suppressed statements made by Osburn during the interval from the first request to the second.

However, Pope allowed a later confession made after Newton stopped the interview and left Boshears alone with Osburn.

Boshears testified that during the 10-minute interval Osburn turned to him and said, “I’m in a mess.” Boshears told him that he relied on faith in such circumstances, to which Osburn asked for Boshears’ prayers.

Boshears said Osburn became emotional at that point and said that he wanted to “do the right thing and talk.” The FBI agent then called Newton back in to record the session.

Defense attorney Jim Wyatt argued that the confession should be suppressed because Osburn had previously requested an attorney. Tenth Judicial District Prosecutor Thomas Deen responded that it was admissible because Osburn initiated the conversation with Boshears.

Pope agreed.

“The court finds that the defendant did in this particular statement evince a willingness or desire for generalized discussion about the investigation, when he said to Agent Boshears, ‘I’m in a mess,’” Pope’s ruling reads.

The judge also ruled that the confession Osburn later made to Snyder will be heard at trial. The sheriff testified that when Osburn was returned to the state police headquarters in Dumas following the initial interrogation, Osburn turned to him voluntarily and said, “Jim that was not me that did that to that girl.”

Snyder said he initially thought Osburn was denying the charges, but Osburn followed it up with “No, I was outside myself.” Osburn then agreed to tape the confession.

Pope ruled that Osburn initiated the conversation with Snyder and that his statements were “...knowingly, intelligently and voluntarily made.”

However, the judge tossed out statements made by Osburn in interviews on Sept. 4 and Sept. 5. Osburn voluntarily came to the Arkansas State Police headquarters in Dumas on Sept. 4. He allowed investigators to search and process his truck and his home. He also gave voluntary taped statements.

In the latter part of the interview the agents became accusatory. It was at that point that Osburn asked for a lawyer. The state argued that investigators did not have to halt the interrogation because it was given voluntarily by Osburn and he was free to leave at any time.

The judge disagreed.

“The investigators were sufficiently focused on him as a suspect that his right to counsel had attached. Once that right is invoked, questioning must cease,” Pope wrote in the ruling.

Deen and Pope declined to comment on the ruling. Wyatt could not be reached Thursday. However, Deen said jury selection will begin on Sept. 20 with the first day of trial likely being Sept. 24.

http://www.pbcommercial.com/articles/2007/09/07/news/news2.txt

[Pauli]

PROSPECT OF DEATH PENALTY PROMPTING DEFENSE TO SEEK CONTINUANCE FOR OSBURN

By Jeannie Nugent/OF THE COMMERCIAL STAFF

Thursday, September 13, 2007 10:54 AM CDT
ARKANSAS CITY — Defense lawyers for Kenneth Osburn — accused of killing Pine Bluff teenager Casey Crowder in August 2006 — say “death is different” and are asking that the trial originally set for Sept. 20 be postponed.

The death penalty will be sought, said 10th Judicial District Prosecutor Thomas Deen. Osburn is charged with capital murder and kidnapping.

Arkansas Public Defender Commission Defense Lawyer Patrick Beneca, who was recently asked to assist lawyers James Wyatt and Herbert Wright Jr. on the case, said in an 11-page motion submitted Wednesday that all cases that are seeking capital punishment require that attorneys be “death qualified.” He cited the U.S. Supreme Court Case Wiggins v. Smith.

“Accordingly, the Constitution recognizes that ‘death is different’ and Wiggins mandates that extraordinary defense preparation and resources are required before the ultimate punishment can be imposed by the state,” the document read.

There are not enough qualified lawyers in the state to man all of Arkansas’ current capital cases so Osburn’s lawyers are required to split their time among several death penalty cases. Beneca said in the motion that it “...is not humanly possible to be ready for trial” by next week.

Several key witnesses will not be available during the scheduled trial date, the defense added. Arkansas State Police Special Agent Rick Newton — who was one of the lead investigators in the case — was involved in an accident and is currently hospitalized and will be in traction for the next six weeks.

“Newton is the most critical and necessary fact witness on the issue of the statements,” the motion reads.

Arkansas Crime Lab Chief Medical Examiner Dr. Charles Kokes, who performed the autopsy on Crowder, will also not be available for testimony at that time.

“Not having Dr. Kokes at the trial and having his testimony presented through surrogate would deny the defense confrontation of witnesses in violation of the Sixth Amendment,” the motion reads.

10th Judicial Judge Sam Pope ruled earlier this month that Osburn’s confessions would be heard at trial. As a result, the defense hired an expert on police interrogation techniques and will need time to bring him up to speed on the case, the motion said.

The defense team has also not received several pieces of evidence it requested from the prosecuting attorney’s office, such as polygraph test results of several witnesses and a report by two Arkansas Department of Correction’s Cummins Unit employees who reported seeing a black male walking on U.S. 65 at the time of Crowder’s disappearance.

A team of defense investigators are only half way finished with serving subpoenas in the case and need more time, the defense said.

Osburn’s lawyers also argued that the original trial date coincides with the local harvest season and may affect the availability of potential jurors.

Crowder’s body was discovered south of Dumas on Sept. 2, six days after her abandoned car was found on U.S. 65. The vehicle had apparently ran out of gas.http://www.pbcommercial.com/articles/2007/09/13/news/news3.txt

[Pauli]

JUDGE MOVES CROWDER MURDER TRIAL

By Jeannie Nugent/OF THE COMMERCIAL STAFF
Wednesday, September 19, 2007 10:05 AM CDT

ARKANSAS CITY — The trial for Kenneth Osburn, accused of killing Pine Bluff teenager Casey Crowder last year — will be moved from Desha County to Crossett in Ashley County, 10th Judicial District Judge Sam Pope ruled Tuesday.

Deliberations, originally set to begin on Thursday, will instead start on Jan. 10.

A heavy, choking sigh was heard from Crowder’s mother, Melinda, as the judge announced the decision.

Flanked by family members and close friends, the grieving mother quietly left the courtroom, while Osburn’s relatives gave a wide — and silent — berth.

Casey Crowder’s body was discovered south of Dumas on Sept. 2, 2006, six days after her abandoned car was found on U.S. 65. Osburn was arrested and charged with the crime on Sept. 28.

Tuesday, Melinda Crowder drew a shaky breath outside the Desha County Courthouse during a court recess.

“I don’t have a problem with them changing the location. I just want it to get started,” she said. “The longer it goes on, the harder it gets.”

She’s worried about her other children — four boys ranging in age from 15 to 25 — and their need for closure, which is more elusive the longer the case drags on.

“We gave them the option of coming if they wanted to. They decided not to be here,” she said. “I do the best I can for them. It’s been really hard on my son.”

She’s concerned that a later trial date will be difficult for the network of friends, family and community members who have embraced the family and can always be seen at her side at the numerous court appearances. Her sister had already booked a flight from New Jersey for Thursday’s original trial date.

The friend by her side, Linda Levens of Pine Bluff, movesd closer to Crowder. Tears clouded her eyes. Her husband has been transferred to South Korea and will be leaving the country on Sept. 29. The family will follow shortly.

“I try to be here every time. If it’s in January, I can’t be here,” Levens said. “It’s just so frustrating. I want to be here for her.”

Arkansas Public Defender Commission Defense Lawyer Patrick Beneca argued that it would be impossible for Osburn to get a fair trial in Desha.

The judge and Desha County Prosecutor Thomas Deen didn’t disagree.

A jury questionnaire, sent by the defense to more than 200 potential jurors, showed overwhelming prejudice towards Osburn’s guilt and their belief that the crime merits the death penalty. Pope said a “fair number” of responses also came from residents who knew Osburn and said he was not capable of committing such a heinous crime. The judge, upon a request from the defense, ordered the documents closed to the public.

Beneca blamed the massive media attention the case has garnered and the tight-knit community relationships between law enforcement and the citizens. Defense investigator Don Reeves, who has worked several decades in the criminal justice field, testified that he has never seen a community with more fervent attitudes about a case than what he has found in Desha County.

Deen had a simpler explanation.

“This case is unusual. These are the same people that came out and searched for Casey for days on end,” he said, during a court recess. “The murder of a child is going to invoke that kind of indignation wherever we are.”

Deen didn’t object to the change in venue when questioned by the judge.

Melinda Crowder took comfort in the outpouring of support from the community.

“It’s been phenomenal, all these people that have shown their caring towards us,” she said, then paused, the corners of her mouth curving into a serene smile. “It’s Casey though. She gives me my strength.”

http://www.pbcommercial.com/articles/2007/09/19/news/news2.txt

[FDInLaw]

Jury Selection in Crowder Capital Murder Case to Begin Thursday
By Sheila Prescott
Jury selection in the Casey Crowder capital murder trial is slated to begin Thursday in the Ashley County Circuit Courtroom. According to Circuit Clerk Bob Rush, twelve jurors and two alternates will be selected from a panel of 127 Ashley County residents to serve during Kenneth Osburn's trial before Tenth Judicial District Judge Sam Pope.

Pope scheduled seven days, two for jury selection and five for trial proceedings, on his calendar in the capital murder case involving a Desha County man charged in the death of a Pine Bluff teen.

During preliminary hearings held on Thursday, December 27, defense attorneys Jim Wyatt, Patrick Benca, and Herb Wright asked the court to restrict photographs of the victim, restrict message clothing worn by spectators, and to bar the death penalty. In a ruling by agreement, Tenth Judicial District Prosecuting Attorney Thomas Deen said, the court restricted message clothing to be worn by spectators. Judge Pope denied motions to preclude to the death penalty and to restrict photographs of the victim.

In a single motion by the state to limit the testimony of Dr. Richard Leo, a sociologist scheduled to testify on the "so-called false confession," Deen said testimony was heard and taken under advisement by the court.

Judge Pope on Tuesday, September 18, signed an order approving a change of venue in the case from Desha County to Ashley County. The case is set for January 10-11 and then continuing January 14-18 in the courthouse in Hamburg. . .




http://www.ashleycountyledger.com/articles/2008/01/08/news/h16f076qb.txt

[FDInLaw]

Prosecution Rests in Crowder Trial

Last Update: 1/15 9:36 pm

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HAMBURG, Ark. (AP) - A witness testified Tuesday that she saw a girl slumped over in Kenneth Osburn's truck on the evening he allegedly kidnapped and killed 17-year-old Casey Crowder.

Prosecutors later rested their case in Osburn's capital murder trial after showing jurors videotape of a statement Osburn made to investigators. The defense was expected to begin calling witnesses on Wednesday

In the videotaped interview, Osburn told the officers he had circled Crowder's neck with wire ties in an effort to control her. He said he watched "as she tried to pull the ties off." A medical examiner testified Wednesday that Crowder was strangled with a wire tie.

The girl's parents watched the videotape from the front row of the courtroom as they heard details of the final moments of their daughter's life. However, Melinda Crowder and other family members left the courtroom when jurors were shown images of the scene where the girl's body was found, and of her body.

"It's hard to look at him, but we have to do it," Melinda Crowder said. "I'm here for our daughter. I'm here for my daughter to get justice, and that's what we really hope is going to happen here this week. I truly feels he's guilty."

A medical examiner testified Tuesday that he could not determine if the girl had been sexually assaulted. Osburn has told officers he did not commit any such act.

Osburn family friend Nancy Dunn testified about seeing a girl in Osburn's truck. She said she assumed the girl was Osburn's daughter and that the girl was sleeping. But Dunn said she saw Osburn's daughter at a different location a short time later.

. . .

Melinda Crowder testified Monday that her daughter had called twice the morning of Aug. 27, telling her mother not to worry. Also, prosecutors showed surveillance video from businesses along U.S. 65 that reportedly show Osburn's pickup truck driving in the area where Crowder's SUV was found abandoned. But Osburn's attorney claimed in opening statements that Osburn had nothing to do with the teen's death.

"There is no doubt that Casey Crowder was a beautiful girl. She did not deserve it, but Kenny didn't do it," said defense lawyer Patrick Benca. The defense questioned whether proper police investigative tactics were used during the interrogation of Osburn.

The trial in Hamburg is expected to last all week.





http://www.fox16.com/news/local/story.aspx?content_id=07fec59b-8f53-497f-aa7a-b7cc2646fd63&rss=315

[FDInLaw]

Update: Prosecution Rests, Jury Hears Confession Tape In Crowder Trial

Tuesday marked day two for the trial of 47-year-old Kenneth Osburn. He's the truck driver from Desha County charged in the 2006 death of 17-year-old Casey Crowder.

THV's Ashley Blackstone is blogging updates on the case from the courtroom.

9 a.m. Tuesday morning The prosecution introduced a key witness for the prosecution, Nancy Dunn. Dunn is a longtime family friend of Kenneth Osburn.

Dunn testified that she saw Kenneth Osburn driving on Highway 65 the morning Casey disappeared and that there was a female in his truck with him.

Dunn says the girl was slumped over against the passenger door and that she assumed it was Osburn's daughter sleeping. But a few minutes later, Dunn learned she was wrong when she arrived at the local nursing home to find Osburn's daughter already there.

9:56 a.m. The prosecution called a detective to the stand that worked the crime scene where Crowder's body was found. Attorneys showed pictures of the scene and the body.

Melinda Crowder and several family members left the courtroom-- so they won't have to see and hear about the images.

10:35 a.m. Terri Rolf with the Arkansas State Crime Lab is testifying. Rolf says after an examination of Crowder's body, no DNA of Osburn's was found at the crime scene. "Heat, humidity, and the decomposition of the body make it nearly difficult if not impossible to recover DNA-- if there was any," says Rolf.

Also, Rolf explains to the jury that there was no DNA evidence of Casey's found in Osburn's truck.

A medical examiner testified Monday that he could not determine if the Crowder had been sexually assaulted. Osburn has told officers he did not commit any such act.

10:55 a.m. An expert doctor takes the stand testifying that Crowder was strangled to death with a wire tie.

11:30 The jury breaks for lunch.

During the break, I had a chance to speak with Melinda Crowder, Casey's mom. She tells me that her family is doing well and they are hoping Osburn is found guilty and receives the death penalty.

"It will help our family get a little bit of closure when it's over. It will never be over, but we're hoping that you know at the end of the trial that the outcome will be favorable for us,” she explains.

I also spoke with Kenneth Osburn's brother who tells me Kenneth is doing well and that he believes Kenneth will be found not guilty.

Defense attorneys are calling this case purely circumstantial.

1:00 p.m. The jury returns to the courtroom.

1:35 p.m. The prosecution begins playing the Osburn admission tape to the jury. It lasts more than an hour.

In the video tape, he says he saw Casey [August, 28, 2006]on Highway 65 and stopped his truck. He told her he’d drive her to get gas, so she got in. He started driving but passed two gas stations and immediately drove to the area where her body would later be found.

He says they got out of the truck and he put a zip tie around her neck. Osburn then explains that there was a struggle and Casey then fell into the woods. Osburn says he got in his truck and left.

In the videotape he explains, “I'm not sure if she ever realized she was in trouble. It was like I knew her all my life. I didn't mean to do it."

Detectives say in a previous interview Osburn said, “I didn’t mean to do it. It was like a shock to myself. I am the type of man that will standup and take responsibility for what I’ve done.”

Around 4 p.m. The prosecution rests. Defense attorneys will begin calling their witnesses on Wednesday morning.

I'll be back in the courtroom at 9 a.m. Wednesday morning. Keep watching for more updates!

Below is a recap of what happened in court Monday.

The jury of eight women and four men though will hear a taped admission of the kidnapping and killing made from Osburn to police.

Casey's mom, Melinda Crowder took the stand on Monday.

She described how her daughter called her twice the morning of August 28th, 2006 telling her she ran out of gas on Highway 65, but not to worry that she would call her boyfriend to come pick her up. That was the last time Melinda says she heard from her daughter.

Casey's car was found around noon that day on Highway 65 between Dumas and Pine Bluff with no gas and a dead battery.

Also on Monday, the jury saw surveillance video from the Sonic Drive-In and Dollar General on Highway 65. They showed Kenneth Osburn's truck driving back and forth on that highway-- the same morning Casey disappeared. Prosecutors say that puts Osburn at the scene.

Six days later, after an extensive search, she was found strangled to death in a wooded area about six miles from her car. Detectives say DNA evidence and interviews led to the arrest of Osburn.

Police think Osburn kidnapped Crowder while she walked to a gas station.

At one point police say Osburn said, “It's like I was outside my body, watching myself."

Defense attorney Jim Wyatt argues that officers intimidated Osburn bringing out the confession and that they quote, "Asked him leading questions, and the entire interrogation was not done properly."

To back that up, the defense is expected to call an expert doctor to the stand who will testify that Osburn has a low I.Q., and was led into a confession after grueling hours of questioning.

The defense is still uncertain if Osburn will take the stand.

Prosecutors say Osburn has four prior felony convictions although they are not for violent crimes.

Circuit Judge Sam Pope moved the trial from Desha County to Ashley County. Prosecutors are seeking the death penalty in the case.

The trial is expected to last through Friday.


THV Newsroom


http://www.todaysthv.com/news/news.aspx?storyid=58995

[FDInLaw]

Trucker’s murder trial starts in girl’s death
BY MIKE LINN

Posted on Tuesday, January 15, 2008

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HAMBURG — Prosecuting Attorney Thomas Deen leaned over the lectern and in a soft voice described for the jury the final hours of Casey Crowder’s life.

The 17-year-old Watson Chapel High School senior had traveled from Pine Bluff to Desha County on Aug. 26, 2006, to spend the night with her boyfriend in Pickens, a farming community south of Dumas.

Early the next morning, she left for home in her Dodge Durango, running out of gas on U. S. 65 just south of Dumas.

Crowder called her mother, telling her she would be OK.

That was last time anyone spoke to Crowder, whose body was found six days later in woods east of Dumas, a black zip tie around her neck, her Birkenstock sandals by her side, Deen said.

Authorities say a McGehee area truck driver, Kenneth Ray Osburn, abducted Crowder, killed her and dumped her body. The 48-year-old, in Ashley County Circuit Court on Monday wearing a pink button-down shirt and khaki pants, is accused of capital murder and kidnapping and faces the death penalty. The trial is expected to last three to five days.

Deen, prosecuting attorney for the 10 th Judicial District, told jurors during opening arguments Monday that Osburn confessed to the killing on Sept. 28, 2006, the day of his arrest.

Osburn told Desha County Sheriff-elect Jim Snyder: “It wasn’t me who did that to that girl. It was like I was outside my body watching myself do it.” Osburn’s attorneys say authorities have the wrong man, that they used trickery and deceit to obtain a false confession.

“Casey Crowder was a beautiful girl,” defense attorney Patrick Benca told jurors in his opening arguments. “I can’t imagine what her family went through. She was murdered. She didn’t deserve it, but Ken didn’t do it.” He said an expert would testify this week that the methods authorities used to interrogate Osburn were not only improper but often have the effect of drawing out a false confession.

For nearly an hour, Benca sparred with Special Agent Rick Newton of the Arkansas State Police, who took the stand late in the afternoon as a witness for the state.

Benca peppered Newton with questions about interview techniques established by John E. Reid and Associates in the 1940 s, the same techniques Newton studied during a course days before his first interview with Osburn on Sept. 4, 2006.

A book Reid wrote on the techniques, according to Benca, discourages deceit and trickery and says that telling a suspect that he could receive a reduced sentence may in fact result in an innocent man confessing to a crime he didn’t commit.

Reading from a transcript of an interview authorities had with Osburn on Sept. 4, Benca pointed out that Federal Bureau of Investigation Special Agent Michael Boyd Boshears suggested to Osburn that if he cooperated with authorities he could get a break and 10 or 20 years in prison.

He also pointed out that Newton told Osburn that the defendant’s cell phone company could tell the direction Osburn was traveling the day Crowder disappeared, that Osburn was being videotaped and that the medical examiner already had evidence linking Osburn to the crime, none of which was true.

“Kenny was adamant that he had nothing to do with this, wasn’t he ?” Benca asked Newton.

Newton responded: “I think if I committed a murder, I’d be the same way.” Asked if he felt deception was the right way to interview Osburn, Newton said, “If it takes trickery to solve a homicide, you betcha.” “The rules of criminal procedure for the state of Arkansas give us the right to lie, use deceit and trickery,” Newton said.

Authorities initially zeroed in on Osburn after surveillance video from a Sonic Drive-In showed his truck on U. S. 65 during the time when and near the place where Crowder ran out of gas.

Authorities were able to see the white Chevrolet truck, which has a distinctive black stripe on its side, heading southbound on U. S. 65 and then back northbound two minutes and 44 seconds later.

A second business, the Dollar General store on U. S. 165, showed the same truck moments later heading toward the woods where authorities later found Casey’s body.

Deen said in opening arguments that a witness will testify that she saw Osburn and a woman traveling east on U. S. 165. She initially thought it was Osburn’s daughter Holly Osburn, who she worked with at a nursing home.

But when she arrived at work, Holly was already there. She asked Holly if Osburn’s son, Ken Osburn Jr., was with him. Holly responded no, Deen said.

Exactly one week after Crowder’s disappearance, authorities set up a roadblock near the time and place Crowder ran out of gas.

During the roadblock, Agent Margaret Faulkner of the FBI’s Mobile, Ala., office stopped Kenneth Osburn, who had his son and daughter in his truck with him.

Faulkner testified Monday that Osburn denied seeing Crowder’s vehicle in the early hours of Aug. 27, 2006, although he did tell her he saw the car about 10 a.m. that morning on his way to a barbecue with his son.

Defense attorneys said Faulkner and other authorities should have investigated leads from drivers who said they saw Crowder’s car before 3 a. m., when witnesses said she was sleeping on the couch with her boyfriend in the Pickens community, where he worked as a farmhand.

Defense attorneys cross-examined Crowder’s boyfriend, Adam Brigham, who testified Monday that he gave Casey $ 20 for gas early on Aug. 27, 2006, and never saw her again.

Jim Wyatt, a defense attorney, asked Brigham if he ever went looking for Crowder the day of her disappearance.

Brigham said he did not, that he instead went fishing and helped build a duck blind, even after friends told him they saw Crowder’s car abandoned on U. S. 65.



http://www.nwanews.com/adg/News/213778/

[FDInLaw]

Update: Jury Deliberations In Crowder Murder Trial Expected To Start Friday

Defense attorneys for Kenneth Osburn called their first witness Wednesday morning. Osburn, 47, is accused of kidnapping and killing 17-year-old Casey Crowder in August 2006.

THV's Ashley Blackstone is blogging updates from the Hamburg courtroom here on todaysthv.com.

9:15 a.m. The defense started calling their witnesses.

9:50 a.m. So far, attorneys have called 10 witnesses to the stand. All of them say they saw an SUV parked on Highway 65 with its flashers on. They testify they saw the car between 2 a.m. and 3:45 a.m. on the morning Casey disappeared.

This puts holes in the prosecution's case, because cell phones records prove Casey didn't call her mom until around 5:30 a.m.

Melinda Crowder says Casey called and said she was on her way home and that she ran out of gas--but not to worry.

11:15 a.m. The defense has called about five witness to the stand. All testify that Osburn was at a cookout around 10 a.m. on August 27th (the morning Casey was last heard from) and that he acted normal. They saw no scratches on his face or arms.

11:45 a.m. Jury breaks for lunch.

During the break-- I spoke with Melinda Crowder. She told me she believes the defense is just grasping at straws-- "doing anything they can to get him out or a lesser sentence."

She beleives that the witnesses who testified this morning saw a different SUV on the side of the road-- not Casey's. She says Casey would have called her immediately when she ran out of gas, not hours later.

She explains, "I believe she [Casey] is looking down right now saying get him [Osburn] mama before he gets someone else."

12:35 p.m. Jury comes back into the courtroom and calls a detective to testify about how they interviewed Osburn. The defense says after hours of questioning he was pressured into confessing.

The defense expects to wrap up Thursday afternoon. Jury deliberations should start Friday.

Tuesday, the prosecution rested after two days of testimony.

Prosecutors are hoping the Osburn confession tape will convince the jury that he is guilty.

The defense says law enforcement intimidated Osburn into admitting he kidnapped and strangled Crowder.

Click on the link under the pictures for complete details of what Osburn said in the admission tape.


THV Newsroom


http://www.todaysthv.com/news/news.aspx?storyid=59050&provider=top

[Pandabear]

Thank you so much for keeping up with and posting about this trial. I tried my best to get off work to attend the trial but it was not to be. I thought the trial was going to be in Crossett, but I see it's in Hamburg which is too far for me to get to and still work at my job.

It seems that Osburn's defense is that he was pressured into a confession. I don't know about anyone else, but if I was accused of this crime, there's no way in hell I'd ever give a taped confession no matter how much I was pressured.

To back that up, the defense is expected to call an expert doctor to the stand who will testify that Osburn has a low I.Q., and was led into a confession after grueling hours of questioning.


Of course they are going to play the low I.Q. card, like this excuses him from anything. If he has such a low I.Q., how the heck did he ever get a CDL license to drive a truck? It's not an easy thing to do.

Osburn told Desha County Sheriff-elect Jim Snyder: “It wasn’t me who did that to that girl. It was like I was outside my body watching myself do it.”

What a convenient excuse for him. That's all I need to hear to know that Kenneth Osburn murdered Casey. And, if he didn't sexually assault Casey, why in the world did he kill her? It's just another senseless act committed by an evil man. I truly hope that he is found guilty and gets the death penalty. After his confession tape, I can't imagine that this jury from Ashley county will agree to anything less.

:1222423: for Casey and her family. Justice will surely be served sweetie.

[Pandabear]

Sorry, I see this is a links thread only. Please move or delete my post entirely.

Thanks

[FDInLaw]

Truck driver’s fate in jury’s hands BY MIKE LINN

Posted on Friday, January 18, 2008

HAMBURG — Jurors began deliberating Thursday evening in the capital murder trial of Kenneth Ray Osburn, the Mc-Gehee-area truck driver accused of kidnapping and strangling Pine Bluff teen Casey Crowder in 2006.

The jury of three men and nine women sat through four days of testimony from the state and defense, which rested its case after calling an expert in police interrogations and false confessions. Richard Leo testified that some of the methods authorities used to get Osburn’s confession completely crossed the line.

The University of San Francisco professor said authorities threatened Osburn and his family in an effort to extract a confession.

During interrogation, authorities told Osburn that if he didn’t cooperate, they would “pump a needle in [his ] arm,” a threat Leo says was way out line.

“There’s no threat worse than the threat of death,” Leo testified. “The only thing worse would be physical assault. These threats are dangerous because they can lead to a false confession.” Osburn, who confessed to the crime, is on trial for capital murder and kidnapping and faces the death penalty. The defense team’s case is built on the theory that Osburn’s confession to authorities was coerced.

On Thursday, both sides delivered closing arguments, which ended about 6: 30 p.m. Jury deliberations began at 6: 45 p.m.

Authorities say Crowder’s Dodge Durango ran out of fuel about 5: 30 a.m. on Aug. 27, 2006, on U. S. 65 south of Dumas. Crowder spent the previous night with her boyfriend in Pickens, a farming community in Desha County.

When she disappeared, hundreds of people volunteered to participate in the search, which attracted national media attention. Six days after she disappeared, authorities found her body in woods east of Dumas, a plastic zip tie tightened around her throat.

Osburn became a suspect after video surveillance from a Sonic drive-in on U. S. 65 showed his white truck driving south on the highway about 7 a. m., then driving north on the highway three minutes later. He was arrested Sept. 28, 2006, and confessed in two videotaped interviews with authorities.

Prosecuting attorney Thomas Deen, in his closing arguments, outlined the evidence against the defendant and the details of Osburn’s confession. The 10 th Judicial District prosecutor scoffed at the defense team’s theory that Osburn gave a false confession. He also criticized the defense team for trying to put the police on trial.

Deen said Osburn knew too many details to be innocent, pointing to evidence that Osburn corrected investigators about the route he drove to get Crowder to the woods near a canal, where searchers found her body.

Deen said at first Osburn lied about his whereabouts the morning Crowder disappeared. Osburn told an FBI agent conducting a roadblock a week later that he didn’t see Crowder’s vehicle stranded on the highway until after 9 a. m., when he and his son went to a barbecue.

Authorities later told Osburn about the Sonic video. To explain the trip, Osburn initially said he was heading home and turned around to get a pack of cigarettes at Matthew’s, a Dumas truck stop at the corner of U. S. 65 and U. S. 165.

Investigators collected a cash register report from that morning showing no cigarettes were purchased at that time. Deen outlined the details of Osburn’s second video confession.

In that confession, Osburn told authorities he picked Crowder up on U. S. 65 in Dumas. Osburn also told authorities that Crowder asked him if he had a gas tank.

Osburn said he didn’t but could get one and that Crowder got in his vehicle.

“She was dead when she slammed the door to that vehicle,” Deen said. “It was only a matter of time.” In the interview with authorities Osburn said Crowder was dozing in and out of consciousness as they drove. The last call on her phone, a possible distress call was at 7: 04 a. m., Deen said.

Osburn told authorities he took Crowder to the wooded area and put a plastic zip tie around her neck, watched her walk into the woods and stumble and then get up. He told authorities he left after that.




http://www.nwanews.com/adg/News/214027/

[FDInLaw]

[/QUOTE]Jury Returns Guilty Verdict in Osburn Trial posted 11:24 am Fri January 18, 2008 -

An Ashley County jury has found Kenneth Osburn guilty in the 2006 murder of 17-year-old Casey Crowder of Pine Bluff. The verdict was returned after several hours of deliberations Friday morning. The jury began deliberating around 6:45 p.m. Thursday, and recessed for the evening shortly before 10:00 p.m.

The 47-year-old Osburn was on trial in the August 27th 2006, slaying. Crowder vanished after her SUV ran out of gas on U.S. Highway 65 near Dumas while on the way home from visiting her boyfriend in Pickens.

Prosecutors are seeking the death penalty.

We'll have more information on this developing news story as it becomes available. [/QUOTE]

http://www.katv.com/news/stories/0108/489091.html

[FDInLaw]

Jury Returns Guitly Verdict in Casey Crowder Murder Trial
Reported by: Stephanie Jackson, KARK 4 News
Friday, Jan 18, 2008 @12:30pm CST

48-year-old Kenneth Osburn has been found guilty in the murder of 17-year-old Casey Crowder. As the verdict was read, Osburn's family broke down into tears. Crowder's relatives were stoic, looking straight ahead.

The jury began deliberating late Thursday afternoon after hearing four days of testimony. Osburn kidnapped the teenager after her car ran out of gas on Highway 65 in Dumas, August 2006. Her body was found six days after her disappearance.

Prosecutors are seeking the death penalty in this case. Court resumes at 1:00 this afternoon for the sentencing phase of the trial.



http://arkansasmatters.com/content/fulltext/?cid=64379

[FDInLaw]

Jury finds man guilty in 2006 killing of Pine Bluff teen
Friday, January 18, 2008 12:45 PM CST

HAMBURG, Ark. - A jury has convicted a McGehee truck driver of kidnapping and strangling a 17-year-old girl stranded alongside a south Arkansas highway after her vehicle ran out of gas.



Kenneth Osburn, 47, was found guilty of both capital murder and kidnapping charges in the Aug. 27, 2006, death of Casey Crowder, a senior at Watson Chapel High School. Crowder's body was found in woods a few miles away from where her sport utility vehicle ran out of gas on U.S. Highway 65 near Dumas.

The jury was scheduled to begin the sentencing phase of the trial Friday afternoon. If jurors decide against the death penalty, the only other sentence for capital murder under Arkansas law is life in prison without parole.

Earlier in the week, jurors watched a videotape of investigators interviewing Osburn after his arrest. On the tape, Osburn was seen and heard admitting to placing wire ties around Crowder's neck and watching her die.

Lawyers for Osburn told the jury police intimidated Osburn into admitting he kidnapped and strangled Crowder. The final witness for the defense, an expert in police interrogations and false confessions, said in his testimony Thursday that methods used to question Osburn about the slaying could have led to a false confession.



The trial was moved to Ashley County because of concerns about seating an unbiased jury in Desha County, where the crime occurred.

A service of the Associated Press(AP)




http://www.pbcommercial.com/articles/2008/01/18/ap-state-ar/d8u8f4601.txt

[FDInLaw]

Kenneth Osburn Gets Two Life Sentences

At around noon Friday, an Ashley County jury convicted Kenneth Osburn of kidnapping and capital murder in the death of 17-year-old Casey Crowder.

A jury in Hamburg has decided on two life-without-parole sentences for the kidnapping and strangling of Crowder.

The prosecution sought the death penalty for Osburn. The jury had the task of deciding between that sentence and life in prison without parole, the only other penalty under Arkansas law for a capital murder conviction.

In 2006, Crowder was on her way home to Pine Bluff when her SUV ran out of gas long a highway in Desha County.

That's where Osburn kidnapped her and later strangled her. Crowder's body was found in a wooded area nearly a week after she was reported missing.


http://www.todaysthv.com/news/news.aspx?storyid=59149

[lorettalockhorn]

Convict said to confess out of fear
Trickery by police tainted admission in ’06 killing, court told
By Charlie Frago

LITTLE ROCK — Attorneys for the state and Kenneth Ray Osburn, convicted of killing a Watson Chapel teenager nearly three years ago, argued Thursday before the Arkansas Supreme Court whether Osburn’s confession was tainted because police obtained it after indicating they might arrest his daughter if he didn’t confess.

Casey Crowder’s abduction and murder gained national attention as authorities searched for the 17-year-old high school senior after her vehicle was found along U.S. 65 south of Dumas on Aug. 27, 2006.

Her body was found six days later in a wooded area east of Dumas. She had been strangled with a zip tie around her neck.

Osburn initially denied killing Crowder, but after being interrogated in a shed on Desha County Sheriff Jim Snyder’s property, he told the sheriff that he had committed the crime.

He said he didn’t know why he killed Crowder, but that he had been “outside myself watching myself do it,” according to news accounts.

No physical evidence, including DNA, was found to link Osburn to the crime.

On Thursday, Osburn’s attorneys, Patrick Benca and Jim Wyatt, both of Little Rock, told the seven justices of the state’s highest court that Osburn’s confession had been tainted by previous interrogation techniques used by Arkansas State Police and FBI agents, who had indicated that Osburn’s daughter, Holly, would be arrested if he didn’t admit to killing Crowder.

Wyatt said agents told Osburn that his daughter would be “cut loose” if he confessed. When he didn’t admit to the murder, they made a fake call telling authorities to “do what you got to do” with Holly Osburn.

“That’s not vague to me at all,” Wyatt told the court.

Assistant Attorney General Deborah Nolan Gore had earlier told the court that the statements about Osburn’s daughter didn’t amount to threats, but were “ambiguous.”

Earlier interrogations where police had ignored Osburn’s requests for a lawyer and told Osburn he would be put to death for the crime didn’t taint his later confession, Gore said.

“How do you put those threats out of your mind?” Justice Robert Brown asked Gore, who replied that Osburn had contacted investigators on his own and had consented to being driven home by one of the agents after one session, suggesting that he didn’t feel threatened.

Justice Elana Wills asked Gore if the fake phone call could be enough of a “nexus” or link between the earlier interrogations and the eventual statement admitting the crime to taint Osburn’s confession.

Gore said Osburn “expressed no concern that his daughter will be arrested” in his conversations with police and was allowed to meet with his family, including his daughter, for 15 minutes shortly before confessing.

“That is very significant,” Gore said.

Osburn, now 50 and an inmate at the Arkansas Department of Correction’s Maximum Security Unit at Tucker in Jefferson County, is serving a life sentence.

The Supreme Court usually rules within a few weeks after oral arguments.

At the court, the case is CR08-1146, Kenneth Ray Osburn v. State of Arkansas.

This article was published today at 2:54 a.m.
Arkansas, Pages 14 on 06/05/2009

Subscription required.

[FDInLaw]

Thank you for the update, Loretta! :friends3:

[lorettalockhorn]

Ark. Supreme Court overturns Osburn's conviction

LITTLE ROCK, Ark. (AP) - The Arkansas Supreme Court has reversed and remanded the capital murder conviction of a man accused of kidnapping and strangling a 17-year-old Pine Bluff girl stranded alongside a south Arkansas highway.

In a decision released Thursday afternoon, justices overturned Kenneth Osburn's conviction in the August 2006 slaying of Casey Crowder. Justices found that police interviews used in Osburn's January 2008 trial should have been suppressed as he had no chance to consult with a lawyer.

Crowder was a senior at Watson Chapel High School. Her body was found in woods a few miles from where her sport-utility vehicle ran out of gas on U.S. Highway 65 near Dumas.


http://www.fox16.com/news/local/story/Ark-Supreme-Court-overturns-Osburns-conviction/BPkH2aXV60yxODS44IwvPg.cspx

[lorettalockhorn]

Ark. Supreme Court overturns Osburn's conviction

LITTLE ROCK, Ark. — The Arkansas Supreme Court overturned a capital murder conviction Thursday in the 2006 kidnapping and slaying of a 17-year-old girl, saying a state police investigator and an FBI agent used "blatant coercion" and threats to get a confession.
Justices split in the decision to reverse and remand Kenneth Osburn's conviction in the slaying of Casey Crowder of Pine Bluff. In the majority decision, Justice Paul E. Danielson found that the two investigators ignored Osburn's request for a lawyer and continued to interview him in violation of his rights.

The investigators repeatedly mentioned Osburn's son and daughter, telling the truck driver to "help us and help yourself and help your family" by telling "the full truth," the opinion said. Osburn's lawyer sought to have the interviews suppressed, but a lower court judge allowed them in his January 2008 trial.

"Osburn finally succumbed to that pressure, but only after the agents had essentially 'dangled' his ability to see and protect his family in front of him time and time again," Danielson wrote. "We simply cannot ignore the coercive statements in the interview itself, nor the statements by (the interrogators) ... which continually suggested to Osburn that he might not be able to see his family or that his daughter might be arrested unless he confessed."

Crowder was a senior at Watson Chapel High School when she disappeared Aug. 27, 2006. Her body was found days later in woods a few miles from where her sport utility vehicle ran out of gas on U.S. Highway 65 near Dumas. She had been strangled and police found a black zip-tie around her neck.

Osburn became a suspect and voluntarily spoke to police and allowed them to search his home and truck. Police arrested him on Sept. 28, 2006, and took him to a metal outbuilding on the then-sheriff-elect's property near Dumas for questioning to avoid reporters, the court said.

Police began asking Osburn if he wanted to have his son or daughter testify in a criminal trial and that "there is no tomorrow for us," Danielson wrote. At another point, the agents said they hadn't ruled out the possibility that Osburn's son committed the crime.

Osburn asked once for a lawyer, but the interview continued until he asked a second time, the court said. The interview stopped and while the state police investigator stepped outside, FBI agent Boyd Boshears claimed Osburn said that he was "in a mess."

Osburn broke down, telling the agent he didn't feel worthy to "keep the faith" or "his relationship with Christ," Danielson wrote. The agent asked if Osburn wanted to keep talking and Osburn allegedly confessed.

"We simply cannot ignore the blatant coercion that occurred," Danielson wrote.

Justices Justice Annabelle Clinton Imber, Donald L. Corbin and Elana Cunningham Wills joined the majority opinion. Chief Justice Jim Hannah agreed with the majority, but said details of an assault Osburn allegedly committed 27 years before shouldn't have been used at trial.

Justice Jim Gunter dissented, writing that Osburn's statements to police weren't coerced and interrogators "may use some psychological tactics in eliciting" comments from suspects. Justice Robert L. Brown also dissented, saying police did not deny Osburn his right to consult with a lawyer.

However, Brown noted that the suppression of the confession "eviscerates the state's case against Osburn, making a retrial a remote possibility."Lawyer Patrick Benca, who brought the appeal on Osburn's behalf with lawyer Jim Wyatt, said police fought for the confession because they had no other evidence linking his client to the case.

"It's the reason why they went to the lengths that they did to get the confession from him," Benca said. "Taking him out to a metal shed, setting that whole process up talking about his family, his daughter. ... Up until that point, they had nothing."

Prosecutor Thomas Deen could not immediately be reached for comment. Bill Sadler, a spokesman for the Arkansas State Police, declined to immediately comment. Steve Frazier, a spokesman for the FBI's Little Rock field office, declined to comment, saying he hadn't read the court's opinion.

Prosecutors had sought the death penalty for Osburn. Jurors sentenced him to life in prison without the possibility of parole, the only other penalty for capital murder under Arkansas law.

http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=baxterbulletin&sParam=31041631.story

[annalyzer]

Until recently it was hard for me to believe that anyone short of an idiot would confess to something they didn't do.

But wasn't there dna evidence in this case to convict him? I hope a murderer isn't getting set free.