DeMocker trial may resume next week - The Prescott Daily Courier - Prescott, Arizona

After a month-long delay in which lawyers thrashed out legal issues behind closed doors, the DeMocker murder trial may be back in court Tuesday.

DeMocker, 56, who remains in custody in lieu of a $2 million bond, was charged with first-degree murder in the July 2, 2008, beating death of his former wife, Carol Kennedy, 53, whose body was found inside her Williamson Valley home.

Prosecutors allege DeMocker, who agreed to pay Kennedy $6,000 per month alimony, had financial reasons to kill his ex-wife. Defense lawyers counter that the Prescott stockbroker had the resources to meet his obligations.

DeMocker told detectives that he was riding his mountain bike on trails along Granite Mountain at the time of her death.

Prosecutors contend that bicycle tracks and footprints link DeMocker to a trail that leads to the back of Kennedy's house.

While neither DNA nor fingerprints link DeMocker to the murder scene, scientists found DNA from three unknown men underneath the fingernails on Kennedy's left hand.

DeMocker also faces recent fraud charges for allegedly writing an e-mail and having his teenage daughter send it anonymously in an attempt to influence the outcome of the trial. That e-mail gave account of Kennedy's death, claiming that hit men from a prescription drug ring came to the house seeking Kennedy's tenant but killed her. That tenant, Jim Knapp, who lived in her guesthouse, died of a gunshot wound in January 2009. The medical examiner ruled his death a homicide.

Meanwhile, many of the documents filed in the case remain under seal, closed to public scrutiny. Earlier this month The Daily Courier, through its parent company Western News&Info Inc., filed a petition asking Superior Court Judge Warren R. Darrow to unseal those records. A Prescott freelance writer, Bill Williams, also filed a request this week, joining the newspaper's request.

While defense lawyers have not as yet filed a reply to the newspaper's motion, the County Attorney's Office does not oppose the newspaper's request.

In his court filing, Deputy County Attorney Jack Fields wrote, "The state agrees with WNI's statement of law regarding the right of the press to intervene to assert its rights and to have general access (to) the proceedings and records of judicial proceedings.... The state agrees it is appropriate for the court to review its orders sealing the records to either unseal them or make findings as required by law."

Of 82 sealed documents, 11 appear to be sealed because of a court order protecting juror identities, Fields wrote.