Tulsa World: Defense seeks case dismissal

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Defense seeks case dismissal

DEFENDANT
John Robert Kastner: The former Webster High School teacher is accused of killing his wife, Lori Moon Kastner. His lawyer says prosecutors presented prejudicial evidence at a hearing at which police testified that Kastner said an intruder had killed his sleeping wife and shot him in the hand.

By BILL BRAUN World Staff Writer
Published: 12/3/2008 2:30 AM
Last Modified: 12/3/2008 2:48 AM

A defense lawyer who contends that John Robert Kastner's preliminary hearing was "infused with irrelevant, prejudicial material" also asserts that the order binding him over for trial should be reversed.

In a motion filed Monday challenging the sufficiency of the evidence presented at the preliminary hearing, Assistant Public Defender Marny Hill wrote that it appears that evidence "was offered as a subterfuge" to show that Kastner "is a person who deserves to be punished."

At an August preliminary hearing, Special Judge Cliff Smith ordered Kastner, a former Webster High School teacher, held for trial on a first-degree murder charge.

Prosecutors say Kastner killed his wife, former Oklahoma Supreme Court attorney Lori Moon Kastner, on June 25 at their home in the 3800 block of South Union Avenue.

Lori Kastner, 44, was shot twice in the head.

First Assistant District Attorney Doug Drummond said Tuesday that he will file a response to the defense motion, which attacks the prosecution's evidence and requests the case's dismissal.

An arraignment and a hearing on legal motions is set for Dec. 22 before District Judge Clancy Smith. Kastner, 51, is in the Tulsa Jail.

At the August hearing, a police investigator said Kastner blamed the killing on an intruder who the defendant said fired two shots into his sleeping wife.

Kastner said he was shot in the hand during a struggle with that intruder, according to Detective Jeff Felton.

Kastner was under

financial pressure as a result of promises he had made to family members, friends and co-workers, police reported.

On June 25, "his house of cards is getting ready to tumble," Drummond said at the August hearing.

"The crime scene tells us there was absolutely no struggle," he said.

A police affidavit alleges a pattern of lying by Kastner, including that he was a member of the Israeli special forces and had access to millions of dollars from an Israeli charitable organization.

Kastner maintains that he is innocent, Hill has said.

In another motion filed this week, Hill requests that a questionnaire be used during the juror-selection process, which will help investigate the exposure of potential jurors "to extensive media coverage of this case."

Bill Braun 581-8455
bill.braun@tulsaworld.com By BILL BRAUN World Staff Writer

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	Report Comment Tony G, Tulsa (12/3/2008 5:53:55 AM) Most people around here believe he killed his wife, so do I. My problem--even if we give him the needle, it won't equal what he did to his wife. There is a level of trust between a husband and wife.
	Report Comment droopy, wagoner (12/3/2008 7:22:07 AM) He's in the wrong courtroom. If he were in Judge Otey's court, he would already be free.
	Report Comment Graychin, Eucha (12/3/2008 9:11:38 AM) Yes, it appears that he's guilty. But that's why we have trials, isn't it? Instead of just reading newspaper stories.
	Report Comment dcox, (12/3/2008 10:40:12 AM) He is only charged with 1 count of 1st degree murder, I agree droopy, otey would probably have just said please come back for your 1st degree murder trial, see ya then....
	Report Comment reeling, (12/3/2008 10:24:29 PM) wow this dude did not believe in divorce ! I believe it was death do us part before --- I do so he warned her a long time ago

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