Judge OKs DNA testing in double-homicide case

A judge approved Michael A. Schallert's motion to have DNA testing done in the double-murder case in which he is charged.

Judge E. Kyle Vantrease approved the testing, to be done at the Illinois State Police Crime Lab, during a motion hearing Friday at the Franklin County Courthouse in Benton.

Vantrease noted that the testing would consume the sample of DNA.

Schallert and Afton D. Ferris are accused of the Oct. 18, 2009, shooting deaths of Kandis R. Majors, 28, and Terri A. Siebeck, 31, in West Frankfort.

Schallert did not appear in court but was represented by his attorneys, Gene Cross and Brian K. Trentman.

Attorneys Jerry Crisel and Matt Vaughn appeared on behalf of Ferris and asked that their DNA-testing expert, representing Genetic Technologies, Inc., be present for the testing at the ISP lab.

A status hearing was set for Schallert at 9:30 a.m. Oct. 29.

Later on Friday, Judge Barry Vaughan heard a motion by Ferris' attorneys requesting a change of venue for her trial.

Crisel cited pretrial publicity as a reason for request.

"Any time two people are killed — or even one person — it is newsworthy. The news media have been doing their job very thoroughly and with considerable vigor," Crisel said. "Reporting began immediately on this case."

Crisel presented a three-ring binder that includes "hundreds of news items gleaned from this region," he said.

Crisel also referred to Internet postings on the case.

Franklin County State's Attorney Tom Dinn objected to "anecdotal comments" included on various websites.

"I don't believe any of these anecdotes have any effect," Dinn said. "I don't believe it's relevant."

"I don't think what some anonymous blogger posts is relevant. Now, if you had 25,000 posts, that may indicate something," Vaughan said as he sustained the objection.

Dinn also said he believed phone survey results were "not relevant to the case, but we're willing to take it as it is."

The survey of Franklin County residents, conducted March 3 by Communications Express in Carbondale, indicated that of 1,283 respondents, 58 percent were familiar with the case.

Vaughan questioned the numbers in the survey. According to the survey, 10,927 calls were placed, humans answered 3,289 calls, and 1,283 responded.

Crisel also argued that the capital murder case would "strain" the Franklin County Courthouse facilities.

"I love this old courthouse here in Benton," Crisel said. "But a full-fledged capital murder trial is going to strain things."

Dinn disagreed.

"This old courthouse has handled a lot of cases. It can handle this one, and it will handle a lot more after we're gone," he said.

Vaughan reserved ruling on the motion until after attorneys have attempted to pick jurors for the trial.

Vaughan also denied a request by Ferris' attorneys to reduce her $2 million bond to $500,000.

Crisel said Ferris "could possibly post bail — not $200,000, but a somewhat lower amount." He said the defendant had no prior criminal history.

Dinn called Ferris "the epitome of a flight risk and a danger to this community" in his argument.

Vaughan pointed out that Ferris and Schallert had fled the area after the shootings and had later been arrested in Colorado.