Jacob Carl England (left) and Alvin Lee Watts: The two are accused of shooting five black Tulsans, killing three, in what prosecutors allege was a racially motivated shooting spree last year
Both defendants in the Good Friday triple-homicide case want to be tried separately, not jointly, because of the likelihood of mutually antagonistic defenses and other factors, according to defense attorneys.
Lawyers for Jacob Carl England filed a motion Tuesday requesting that his case be severed from that of his co-defendant, Alvin Lee Watts.
In asserting "competing theories of culpability, counsel for Mr. England and Mr. Watts will each have to become second prosecutors of the other," according to a filing by England's attorneys, Clark Brewster and Rob Nigh.
"In every respect possible, counsel for Mr. England and Mr. Watts will join forces with the prosecutor to make the other look as culpable as possible," the filing says.
In January, Watts' attorney filed a request for a severance, also indicating that there will be conflicting defenses that at a joint trial would require Watts to have to defend "against both the State of Oklahoma and the co-defendant."
That motion, filed by Deputy Chief Public Defender Shena Burgess, says each defendant can convince the jury of his own theory of defense only by persuading the jury to convict the other defendant.
Tulsa County District Judge James Caputo has scheduled an April 23 hearing on motions.
First Assistant District Attorney Doug Drummond said Wednesday that prosecutors "are reviewing the law on the issue of severance and how it may impact this case."
According to Drummond, "we anticipate making a decision on whether we oppose the motion prior to the April 23 hearing date."
No trial date is set yet. Prosecutors are pursuing the death penalty for both defendants.
England, 20, and Watts, 34, who are listed as white in court documents, are accused of shooting five black people at random at four north Tulsa locations on April 6, 2012, which was Good Friday.
England and Watts are each charged with three counts of first-degree murder, two counts of shooting with intent to kill and five counts of malicious intimidation or harassment on account of race - hate crimes.
The defendants face murder counts linked to the fatal shootings of Dannaer Fields, 49, Bobby Clark, 54, and William Allen, 31.
The two other victims, David Hall and Deon Tucker, survived.
Tuesday's filing requesting a separate trial for England asserts that the differences between England and Watts "are stark. If Mr. England's character is not assessed independently of Mr. Watts, he will be severely prejudiced."
Bill Braun 918-581-8455
bill.braun@tulsaworld.com
Original Print Headline: Murder defendants seek separate trials
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