Tulsa World: Murder defendant seeks lead role at trial

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Murder defendant seeks lead role at trial
John Kastner is "extremely involved" in his defense, his lawyer says.

John Kastner

By BILL BRAUN World Staff Writer
Published: 12/23/2008 2:23 AM
Last Modified: 12/23/2008 3:10 AM

John Robert Kastner wants to handle his own court defense on a first-degree murder charge linked to the shooting of his wife, a Tulsa County judge learned Monday.

Assistant Public Defender Marny Hill, who has been handling Kastner's legal work, told District Judge Clancy Smith that Kastner is "extremely involved in his own defense" and wants to represent himself.

Kastner confirmed that when questioned by Smith, and he indicated that he thought Hill would serve as "standby counsel."

In that role, "she's the backup quarterback, so to speak," said Kastner, 51.

He reached the decision after they had extensive discussions, Hill said.

Hill said if she fills the role of standby counsel, she would serve as a legal adviser and also would need to be prepared in case Kastner decides he doesn't want to continue in the role of his own lawyer.

First Assistant District Attorney Doug Drummond said he thinks it is unwise for Kastner, who is not a trained attorney, to choose to represent himself.

Kastner objected Monday when Drummond requested a September 2009 trial date.

Kastner, who is in the Tulsa Jail, wants to go to trial sooner, according to Hill.

Drummond indicated that he has other major cases set for trial in the earlier months of 2009.

Smith did not schedule a trial in Kastner's murder case. The judge set a Jan. 26 hearing on that issue, and also on Kastner's objection.

At an August preliminary hearing, Special Judge

Cliff Smith ordered Kastner, a former Webster High School teacher, held for trial.

Prosecutors allege 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.

On Monday, Judge Clancy Smith denied a defense challenge to the sufficiency of the evidence presented at the preliminary hearing. By that ruling, she rejected a defense motion that sought to have the case dismissed.

At the August hearing, a police detective said Kastner blamed the killing on an intruder, and Kastner said he was shot in the hand during a struggle with that intruder.

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.

In a document, Hill asserted that Kastner's preliminary hearing was "infused with irrelevant, prejudicial material," with evidence offered "as a subterfuge" to show that he "deserves to be punished."

In a response to that filing, Drummond asserted that Kastner "bamboozled family and friends" and somehow convinced them that "he was a multimillionaire and his family's lifestyle would be vastly improved once they traveled to Israel."

Prosecutors theorize that, as a motive for the killing, Kastner "was spinning out of control" and "staged" the murder of his wife to divert attention from his problems, Drummond writes.

"The fact that his plan seems dubious at best says little — after all, the evidence shows that (the) defendant had engaged in a series of irrational and stupid behavior for months before the murder," Drummond states in the filing.

Kastner maintains that he is innocent, Hill said.

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

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	Report Comment What in the World!, Hometown Tulsa, OK (12/23/2008 8:51:04 AM) Another senseless death.
	Report Comment abru, Tulsa (12/23/2008 3:52:44 PM) He who is his own lawyer has a fool for a client. Shows you how arrogant this man is.
	Report Comment interactive, "BROKEN" Arrow (12/24/2008 1:48:09 AM) I hope this guy isn't afraid of needles. I take that back...I hope they terrify him as much as the thought of where he's going.
	Report Comment Jurorthirteen, (1/9/2009 1:14:03 AM) Thanks you so much for the information on this case. We will be following it at our trial site!

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