Public defenders for a man charged in the stabbing of nine Boise refugees — including a 3-year-old who died — asked a judge Monday morning to ban cameras from the Ada County courtroom, arguing in a motion filed with the court that it would “inflame the passions and prejudices of a potential jury pool.”
Fourth District Court Magistrate Judge Michael Oths denied the motion.
“This is sabotage, your honor,” Timmy Earl Kinner Jr. said before his microphone was silenced, an interjection captured on the court recording of the hearing. Kinner appeared via video from the jail.
Kinner, a 30-year-old homeless man, has been charged with murder in the death of Ruya Kadir. Eight others were hospitalized in the stabbing at the Wylie Street Station Apartments on June 30. He is being held without bail due to extreme risk to the community, Judge Russell Comstock said at his arraignment July 2.
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Kinner is also facing eight counts of aggravated battery in the alleged stabbing of the eight others, including five children, and a use of deadly force enhancement.
His attorneys on Monday sought an order from the judge that would guarantee access to Kinner at the jail under circumstances when he is being uncooperative. “If he’s not cooperating, then we need to meet with him that day,” attorney David Smethers, one of Kinner’s three public defenders, told the judge.
But Oths said said he was not inclined to “dictate” security at the jail or issue an order that’s anticipatory of problems.
“If a problem arises, let’s address it at that point,” Oths said.
The judge said he would consider the motion before Kinner’s preliminary hearing, which was continued to Aug. 14 at his attorneys’ request.
Kinner has had five behavioral violations at the Ada County Jail, including one in which he made a verbal threat of violence toward a jail employee, according to Patrick Orr, a spokesman for the Ada County Sheriff’s Office. The other violations were for failure to follow commands from jail staff or breaking jail rules.
“While we won’t tell you exactly where he is being housed in the jail for security issues, we can say he is being held in a cell by himself,” Orr said.
Kinner appeared in court via video from the jail because all agencies associated his case knew the preliminary hearing would be rescheduled to Aug. 14.
“In general, inmates with a high security classification require extra security precautions and personnel when they are transported to and from court, Orr said. “Because everything could be accomplished through a video link for Monday’s hearing, all parties involved decided that a video hearing was the most efficient way to handle it.
The 30-year-old, who has a criminal record in Utah and Tennessee, has asked to represent himself, but for now he is being represented by public defender Smethers, Brian Marx and Daniel Lorello, according to online court documents. The Statesman tried to reach Anthony R. Geddes, head of the Office of the Ada County Public Defender, to ask why Kinner has three attorneys. A woman who answered the phone in the office said he has no comment.
Earlier this month, Oths denied but later granted two psychologists access to Kinner at the jail.
On July 3, Smethers filed a motion to allow Dr. James Davidson and Dr. Nancy Davidson into the jail to see Kinner. Oths denied the motion, “absent some further explanation of the role of proposed persons in this matter.”
Oths said the court would reconsider the denial after the state and/or Ada County sheriff were heard on the matter.
Smethers filed another motion with an explanation of who the Davidsons are, and their purpose for meeting with Kinner. He said they are Ph.D.-level psychologists who are part of the Davidson Forensic Group, which practices in Idaho and Texas. They are potential expert witnesses in the case.
“Further, the defense team needs input from mental health professions in order to assess the case, prepare a defense and effectively counsel the defendant on his options,” the motion from July 9 reads.
Kinner’s defense attorneys asked in a motion that their client be allowed “the use of at least one hand” in meetings at the Ada County Jail with the Davidsons. In his order granting access, Judge Oths struck out the stipulation on the use of one hand.
On July 11, Oths granted access to Kinner at the jail, according to online court records.
Katy Moeller: 208-377-6413