OSBURN DENIED NEW TRIAL

By Jeannie Nugent/OF THE COMMERCIAL STAFF

HAMBURG — Calling the evidence “flimsy,” 10th Judicial District Circuit Court Judge Sam Pope took only seconds Monday to dismiss the motion for a new trial for Kenneth Osburn.

The 47-year-old trucker was convicted in January for the 2006 kidnapping and murder of Pine Bluff teenager Casey Crowder. He was sentenced to life without parole.

Crowder’s mother Melinda Crowder said after the hearing that she was relieved by Pope’s ruling.

“The thought of having to go through all of that again just devastated me,” she said. “I’m so glad. It would’ve just devastated my family.”

Defense attorneys cited juror misconduct in a demand that Osburn’s conviction be set aside and a new trial ordered. The motion was filed after Drew County resident Darcy Melder signed an affidavit claiming that co-worker, Lisa Adams, told her and other employees that juror Stacy Wesson said that she believed Osburn was guilty. The statement was allegedly made the weekend prior to the first day of trial.

From the stand Monday, Adams told Defense Attorney Patrick Benca that she did not make the statement. She did, however, admit that Osburn’s case was discussed that weekend while Adams and her husband, as well as Wesson and her boyfriend, Brett Shell, visited family members in Lake Village.

Adams said it was Shell that brought up the subject, saying that he was surprised that Wesson was chosen for the jury despite her belief in the death penalty. Adams replied with an emphatic “No” when asked by Benca if Wesson admitted to already having formed an opinion as to Osburn’s guilt.

Adams said Shell stated that Crowder had been raped, to which Wesson allegedly replied, “No, that’s not what happened.”

“The rest of us talked about how we felt he was guilty,” said Adams.

Defense Attorney Jim Wyatt told Pope that the fact that Wesson participated in a conversation about the case at all was against the court’s orders. Wyatt read instructions made to Wesson and the other jurors prior to the beginning of trial, warning them not to talk to anybody about the case and to report it immediately if someone tried to engage them in a conversation about the subject.

Melder did not deter from her testimony that Adams told her that Wesson had already formed an opinion as to Osburn’s guilt. Wyatt questioned Melder about any personal connections she had with Osburn or his family. She said her sister’s ex-husband was best friends with Osburn, but she is not a personal friend of Osburn or his family.

On cross examination, 10th Judicial Prosecutor Thomas Deen asked Melder if she had repeated Adams’ alleged conversation to anybody. Melder said she had relayed the information to Osburn’s daughter, Holly, who was a patient at the clinic.

Clinic Manager Elaine Donha testified that Adams came to her office and told her that she and Wesson would say the same thing on the stand and Melder would look bad.

Deen did not call any rebuttal witnesses and Wesson never took the stand.

Pope took only seconds in saying the allegations were “too flimsy” to merit a new trial for Osburn.

“The defense failed to make its case,” he said.

Wyatt said afterwards that the defense would file an appeal to the state’s high court within 30 days. He declined to say on what basis the motion would be made.

Deen declined comment.