James and Cedric Poore: The brothers are alleged to have killed four women at the Fairmont Terrace apartments near 61st Street and Peoria Avenue in January.
Five witnesses anticipated to testify at a preliminary hearing related to four killings at a Tulsa apartment were present in a nearby apartment "at the time the murders took place," according to a prosecutor.
Those five witnesses are anticipated to testify that both James and Cedric Poore were present in apartment 1418 at the Fairmont Terrace complex before and after the murders, a court document filed by Tulsa County First Assistant District Attorney Doug Drummond says.
Police reported that four bodies were discovered in a bedroom in apartment 1421 on Jan. 7 at the complex near 61st Street and Peoria Avenue.
Four women were "tied up and executed" at Fairmont Terrace, and the anticipated testimony of each of these five witnesses "will incriminate both defendants," Drummond's filing says.
James Poore lived at apartment 1418. The anticipated testimony is that witnesses saw both Poores leave apartment 1418 prior to the murders and then return with emergency vehicles arriving a short time later, the prosecutor's filing says.
The document indicates that Cedric Poore told police he was not at Fairmont Terrace on Jan. 7.
Defense attorney John Echols, representing Cedric Poore, has indicated that reports related to the investigation show there is a basis to suspect people other than Cedric Poore.
Kathy Fry, attorney for James Poore, recently told a news reporter that she could not discuss defense possibilities for her client.
A preliminary hearing for brothers James Poore, 32, and Cedric Poore, 39, is scheduled to start Monday.
They are each charged with four counts of first-degree murder and two counts of armed robbery. Cedric Poore alone has a gun-possession count.
The Poores are accused in the shooting deaths of Julie Jackson, 55; Misty Nunley, 33; Rebeika Powell, 23; and Kayetie Powell Melchor, 23, more than six months ago. Rebeika Powell lived in apartment 1421.
While the preliminary hearing is set to start Monday, a motion filed by Echols requesting that the Tulsa County Public Defender's Office be disqualified from representing witnesses in the case could also be addressed Monday.
That motion maintains that the Public Defender's Office has conflicts and "in this single case" at one time or another has represented at least two cooperating witnesses, two material witnesses, two suspects and one defendant.
Drummond contends that a request by Echols for an evidentiary hearing on the matter should be denied because that would invariably touch upon privileged attorney-client communications "and further delay this preliminary hearing."
That motion by Echols is directed at three potential witnesses for the prosecution, and "it just happens" that the anticipated testimony of those three witnesses incriminate both defendants, Drummond indicated.
Last week the state Court of Criminal Appeals denied a defense request to recuse the judge who is assigned to handle the preliminary hearing.
With the recusal effort rejected, Special Judge Stephen Clark remains assigned to the case.
Defense lawyers sought to have Clark disqualified from the case based on witness-related matters.
An order by the appeals court says there is "nothing in the acts attributed to Judge Clark that demonstrates he has intentionally used legal process to intimidate a witness or has acted out of any antagonism toward the petitioners (the Poores) or out of favoritism toward the State."
The petitioners were unable to show any circumstances that will rebut the general presumption of impartiality favoring Judge Clark, the appellate court wrote.
All four of the slain women were shot in the head with their hands bound behind their backs, police said.
According police, the Poores told witnesses they were "going to pull a lick" - a robbery - at Powell's apartment.
Bill Braun 918-581-8455
bill.braun@tulsaworld.com
Original Print Headline: Witnesses to testify they saw suspects
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