St. George ? A St. George defense attorney wants the public and the press kept out of the pretrial hearings for a potential capital murder case, claiming there has already been "massive, highly prejudicial publicity."
In motions filed this week in 5th District Court, attorney Aric Cramer writes that Paul C. Ashton faces "a serious and imminent threat to the fair administration of justice" if Judge James L. Shumate does not exclude reporters and the general public from all pretrial hearings and prevent anyone involved in the case from releasing information to anyone in the news media.
"I?m concerned about the poisoning of the jury pool," Cramer said Thursday. "I know it?s an extreme measure. But when death is a possibility, I have to take all precautions."
Ashton, 32, is one of two men charged with aggravated murder in the deaths of Brandie Sue Dawn Jerden, 27, and Jerrica Christensen, 20, who were killed in a St. George apartment early Dec. 11, 2010.
According to the charges, Ashton shot and killed one of the women inside the apartment at 575 S. Main and also shot and injured 28-year-old James Fiske. Another man, Brandon P. Smith, 29, then killed the other woman ? who died as a result of "incised wounds" ? to keep her from testifying, court documents state.
Prosecutors charged Ashton with two counts of aggravated murder, a first-degree felony; one count of attempted aggravated murder, a first-degree felony; and one count of possession of a controlled substance, a third-degree felony. Prosecutors charged Smith with aggravated murder, a first-degree felony; and aggravated assault, a third-degree felony.
Officials have not identified a motive for the attack.
Cramer said his client was helping out when he allowed Jerden and her boyfriend Matt McNee to stay at his townhouse.
Cramer said that Ashton asked Jerden and McNee to move out shortly after they settled in, believing they were stealing items from him.
Christensen and her friend, Fiske, were asked to help with the move. It was while they were moving out that the scene got tense and Ashton called Smith and told him he was "in fear for his life," according to Cramer, adding his client at the time had a fractured leg and was confined to a wheelchair.
Cramer said when Smith arrived, he gave Ashton a .357 Magnum and he kept a 9 mm handgun for himself.
Tensions continued to escalate, according to Cramer, until Jerden hit Ashton in the head with a toolbox and he allegedly shot and killed her with the .357, then allegedly turned the gun on Fiske, wounding him in the shoulder.
Cramer alleges it was Smith who found Christensen in the bathroom and stabbed her at least three times.
No one else was charged with a crime, and Fiske has recovered from his wound.
Attempts to reach Smith?s attorney were unsuccessful.
Prosecutors have until 60 days after the arraignment following a preliminary hearing to announce whether they intend to seek the death penalty for Ashton and Smith.
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