Gray, however, said he’s not ….
Gray, however, said he’s not aware of any prohibition against him raising more than one third-party perpetrator defense at trial. He hinted that other theories of the crime may be introduced in the future.
“There are two other theories that I have not raised yet because I’m still investigating them,” he said.
If other evidence emerges, Gray said he doesn’t want to be barred from raising additional alternate theories.
Kaiser asked that prosecutors be allowed to object to those alternate theories, especially if they are not given reasonable notice and enough time to prepare for them before the trial starts.
Judge Moran said he would take a “wait-and-see” approach on whether Gray tries to introduce other alternate theories.
“Obviously, I’m not going to suspend the rules of evidence for this case, so you’ll have the opportunity to object, but I’m not going to, at this point, bar any other defenses,” he told the prosecutors.
The third-party notice filed by Gray last fall alleges that four men drove to the Juedes residence on Aug. 29, 2006, and three of them went inside, with the driver later telling people that he heard gunshots coming from inside the residence.
According to this theory, the four men were hired by the owner of the Monster Hall racetrack and campground, who was allegedly trying to cover up acts of fraud committed against Juedes and another investor in the racetrack. Gray’s motion included statements from multiple individuals who told police that the driver of the getaway car confessed to the crime at various times since the murder.
One of the witnesses said the driver “called her, crying and frightened, expressing a worry that he would be killed by his confederates in the Ken Juedes murder.”
In discussing a possible motive, Gray points out that his client and her husband were in the middle of a contentious lawsuit filed against the alleged ringleader of the murder plot. This person had allegedly stolen $300,000 from the race track and was facing possible charges of security fraud due to Juedes’ allegations.
Another motion hearing in the case has been scheduled for May 27.