Thread by @MattFlenerKMBC

THE TRIAL OF KYLR YUST: Defense begins its side of case kmbc.com/article/the-tr…

YUST TRIAL DAY 7: *NEW* thread will follow with the defense's arguments/evidence/testimony.

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A delayed start.

Normally -- the trial has started on time every morning at 8:30.

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Here is a picture of the courtroom as prosecutors (right table) and the defense team, including Kylr Yust, (left table) wait for the trial to resume on Monday 4/12/2021.

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Today's proceedings are now starting.

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Judge Collins now talking to Kylr Yust directly.

Judge telling Kylr Yust he has the right not to testify.

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Judge Collins tells defense attorneys he is not asking for a decision right now on whether Yust testifies. He just wants the attorneys to have ample time to discuss with Yust about his right to testify.

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Defense/prosecution now going back/forth about specific exhibits the defense plans to present regarding Jessep Carter.
Turlington says they want jail guards to testify about what happened w/Carter's suicide.
The jury (I don't believe) is in the courtroom yet.

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Defense wants to read the deposition of Al Yust, Kylr Yust's grandfather. Prosecution now objecting to letting the deposition of Al Yust (deceased) be read into the record. Judge allowing the deposition to be read into the record.

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Al Yust's deposition was taken July 30, 2019. Employee from Missouri public defender's office is reading the deposition from the witness stand.

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The public defender's employee is going back/forth with Yust defense attorney Matt Vigil.

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Yust's deposition talking to a Belton police detective.

Belton police asked Yust to give them a timeline.

Between 7:00-8:30, ate breakfast, had coffee, on May 4, 2007.

8:30-12:00 Worked on his car

12:30 left for St. Joseph Carondolet nursing home to visit sister-in-law.

12:45 arrived at nursing home.

2:45-3:00 left nursing home

3:20 back home

3:20-5:00 rested.

6:00 watched local news/wheel of fortune.

10:00 watched local news.

10:30 showered brushed teeth.

11:00 went to bed.

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Kylr came to house about 11:30 and asked for gas for his truck.

Went to Conoco station at Bannister and Raytown Rd.

Filled the gas tank with 8-10 gallons for Kylr.

Kylr had a grey/green Nissan truck.

Told them Kylr came back and went to nursing home.

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Kylr followed his grandfather to the nursing home.

1:25 in the afternoon.

Defense: Do you recall "Kylr seemed to be in a normal upbeat mood,"

Yust; I don't remember.

Defense: Any reason to lie?

Al: No

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Al Yust testimony about Jessica Runions. Says he went to South Patrol of KCPD.

Last saw Kylr Sept. 9, 2016 around 10 p.m. at night.

Friday Kylr/Al Yust woke up about 6 a.m.

Al Yust took Kylr to work on Sept. 9, 2016.

Kylr's truck was broken down.

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Sept. 9, 2016 - 9:00 Kylr called to tell Al Yust to say he finished work early.

10:30-11:00 a.m. went to pick up Kylr.

Al Yust told police Kylr was home all day, according to his deposition.

CONTEXT: Al Yust will not be able to testify since he passed away.

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Sept. 8, 2016 (day Jessica Runions went missing). Al Yust deposition -- Kylr got up about 6:00 a.m.

Kylr was at work 8:00-4:00

Al Yust went bowling.

He didn't see Kylr again until morning of Sept. 9, 2016.

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State now objecting saying defense questioned Al Yust in a leading manner, especially since Al Yust said several times during his deposition, I don't remember.

Judge Collins rules he will allow the deposition to be read before the jury.

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Jury now coming in after the defense gives its schedule for the day. Defense will call a couple of live witnesses first.

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Defense calls Brett Bishop.

Bishop lives in Raymore. In 2007, Bishop lived in Belton. Went to Belton High School, was friends with Kara through school. He learned Kara Kopetsky was missing first through school, then the media. Bishop did not know Kylr Yust.

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Bishop said he and Kopetsky were friends when they were younger. Bishop said she called him and asked him for a ride. Police contacted him. He made a statement about what happened.
She called him asking for a ride. ***Evening*** of May 4, 2007.
He was at home.
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He was at home. Kara wanted to get a ride from Lakewood apartments to Cimarron Trail.

This was after dark on May 4, 2007. He declined to give her a ride.

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Bishop said he cannot recall if it was a different number Kara called from. Police never asked for his phone. Bishop gave police permission to access his phone records. But he doesn't know what they did after.

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Bishop said a couple of years later, another detective from Belton PD contacted him.

On prosecution cross/ex.

Bishop said he could not be certain whether the call was on May 4.

Prosecution : Phone records do not show call received from Kara on May 4.

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Deborah Heflin on stand. She lived within walking distance of Belton High School now on the stand.

She often saw Kara Kopetsky walking up/down her street.

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A few years later she saw Kara on the news.

On May 9, 2010, Heflin told police said she saw Kara May 4, 2007 between 11:30 and 12:00.

Was not the normal time she saw Kara Kopetsky.

Heflin said she Kara "was crying, on the phone."

"She walked past me."

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Heflin testimony: Kara walked up the hill. A four-door sedan, a cream color car came by. It had a different color door or trunk. Something was different.

"I did not see who was in the car," Heflin said.

It sounded like boys. "I would say 4 that I saw."

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Heflin now breaking down crying about seeing the car come up to Kara.

Prosecutor: "What did you hear?"

Heflin: "Blood curdling scream."

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On cross/ex. Heflin said she was distracted with kids that day. Told police she was going through a pretty nasty divorce.
Prosecutor: You can't tell this jury it was Kara.
I didn't know at the time it was her. After seeing the news a few years later, it was her.
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"Now, I know it was her," Heflin said.

Heflin dismissed.

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Now -- the deposition of Al Yust getting read into stand by a Missouri public defender's employee. Re-reading what we heard earlier.

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First two defense witnesses in the case to help acquit Kylr Yust. Brett Bishop testified he got a call from Kara Kopetsky on the *evening* of 5/4/07, asking him for a ride. Deborah Heflin said she saw Kara walking from Belton High School on 5/4/07.

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Alfred Yust's deposition read into the record. Deposition is admitted into evidence. Ben Butler now asking questions of Riplinger.
Butler: "You had contact with Alfred Yust?"
"You told him how to answer the questions at that deposition, didn't you?

R: "No."

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Riplinger: "I told him the format of what was going to happen."

Butler: "What did you tell him on the way home."

R: "I don't remember specifically."

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B: "But, you remember what you said on the way?"

R: "Yeah, I generally remembered. And about what his answers was going to be."

Quick, strong cross/ex. of the Missouri public defender's employee about his interaction with Alfred Yust by Ben Butler.

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Akanimoh Akah Jackson County Corrections Sergeant now testifying WITHOUT the jury present. Akah testifying about Jessep Carter's suicide.

Akah noticed a white sheet hanging inside the cell.

He moved closer and he saw Jessep Carter hanging.

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Akah testified he had trouble getting door open. Something jammed in the door

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Akah testifies Jessep Carter was not on suicide watch. But the area Carter was staying was for mental health watch.

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Akah on cross/ex.: Testifies in the area where Carter was staying only one inmate could get out to recreate at a time.

Akah testifies it is a restricted area.

Each inmate is in their cell for duration of day with only one hour out.

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Lt. John Baldree, Jackson County Detention Center Internal Affairs Unit, now on the stand.

He investigated major incidents.

He investigated Jessep Carter's suicide.

He wrote a report. Testified Jessep Carter was in a one-man cell.

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Baldree now talking about exhibit N-1.

Photograph of notepad with writing and other markings on it.

Defense exhibit 2.

Notepad, pencil. Same note. Close proximity to a bible.

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Baldree now looking at defense exhibits 3, 4, 5, 6. Pictures of the bible found in Jessep Carter's cell. Different pages.

Baldree said it was not analyzed by anyone in Jackson County Corrections or anyone in law enforcement.

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Baldree testifies he released property to Crystal Taylor, Jessep Carter's wife.

Paper check and some articles of clothing.

Baldree said he did not release the bible to Taylor.

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Prosecution: The only purpose the defense wants to utilize them for is these specific exhibits.

Judge: "I'm trying to figure out what the relevance is to things that are found in Mr. Carter's jail cell."

Turlington: The state did not want us to get into anything about this in their case. Their case got into this matter. The state had Crystal Taylor testify about what caused Mr. Carter to hang himself.

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Prosecution: he was distraught about how it affected him because he was a witness against his brother.

Defense: This is a very unusual thing to leave in your cell.

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Turlington says they have a defense expert to testify she believes the note found in Jessep Carter's cell was written in code.

Prosecutor Julie Tolle: In Ms. Turlington's opening statement, she specifically went through three points.

One statement: You would be asked who else would have done it.

That puts on the state, the reality of having to address what happened to Mr. Carter.

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Prosecution: Defense is trying to focus on Jessep Carter when really in reality it is Kylr Yust on trial.

Defense: We are trying to introduce the evidence from the cell.

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Judge Collins rules he is not going to allow the jury to hear the testimony of the Jackson County jail employees about the contents found in Jessep Carter's jail cell, including a note written in code.

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