Mooney trial date scheduled for Feb. 19

Published 12:00 am Sunday, October 14, 2007

A trial date has been set in the case of man accused of killing his grandmother.

On Wednesday in a pretrial hearing before Common Pleas Judge Charles Cooper, Jason D. Mooney’s defense lawyer, Rick Faulkner, and Lawrence County Prosecutor J.B. Collier met and hashed out discovery issues like expert testimony.

Another pretrial hearing was set for November and a trial date set for Feb. 19.

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“We are scheduled for four days,” Faulkner said.

Among the evidentiary issues discussed was Mooney’s statement to the police.

“There were some statements given on tape by the defendant that have been made available to me from the prosecutor’s office,” Faulkner said.

Another issue was expert testimony about Mooney.

“We are talking about competency issues; compentancy to make statements (to the police); the background of the defendant is going to be important,” Faulkner said.

Mooney’s previous lawyer, Warren Morford Jr., said that his client suffered from attention deficit disorder and would be vulnerable to “suggestibility” and therefore more easily swayed to confess to the crime “because he saw that was the only way to get out of that room.”

Morford said the statement is important because it is so far the only thing linking his client to the crime. He said preliminary results of forensics tests have not indicated Jason Mooney was involved in the murder of Thelma Mooney on Feb. 18.

Collier did not oppose the motion for an expert, but asked that the state be allowed to bring in its own witness to testify on Mooney’s mental condition and asked for written copies of both sides of the experts’ conclusions to be made available all parties.

Mooney, 29, of 2116 S. Sixth St., was arrested after his grandmother, Thelma Mooney, was found stabbed to death in her Thomas Street residence on Feb. 18.

Authorities contend the murder was the consequence of a botched robbery.

He was charged with aggravated robbery, tampering with evidence, aggravated burglary and aggravated murder. He remains in jail under a $1 million bond. His wife, Lisa Mooney, was also charged in the case but the charges were later dropped.

He remains in jail under a $1 million bond.