Judge agrees to move 2014 Lookout Valley triple murder trial to May

The scene of a triple slaying near the 300 block of Kellys Ferry Place in Lookout Valley.
The scene of a triple slaying near the 300 block of Kellys Ferry Place in Lookout Valley.
photo Skyler Allen, left, and Derek Morse appear in court in 2014 for the triple slaying in Lookout Valley.
photo Skyler Allen
photo Derek M. Morse

A Hamilton County judge agreed Tuesday to move a triple murder trial to May, giving defense attorneys more time to prepare for the case involving the grisly 2014 Lookout Valley homicides.

Criminal Court Judge Barry Steelman still must decide Feb. 13 whether Skyler Allen's case should be "severed" from that of his co-defendant, Derek Morse. If that happens, Allen could have a separate trial and use Morse's testimony, which he couldn't do under the current arrangement. His attorney, Ben McGowan, filed the request in September, saying he had recently received some new information.

At the time, McGowan said he needed to wait until the official hearing on Oct. 24, 2016, to discuss that information. But that was before he learned that his investigator, Benjamin Scott, accepted a job with the district attorney's office and needed to withdraw from the case, court records show. In December, McGowan asked for a new trial date, which was scheduled to begin today, because of the sheer amount of work his new investigator needed to undertake.

"The trial is anticipated to take up to two weeks and the state's witness list alone includes over 50 individuals," McGowan wrote in a Dec. 12 motion asking for a new trial date. "Unfortunately, given the volume of discovery, including lengthy video and audio recordings, and the sheer number of witnesses to be interviewed by [the investigator], it is unrealistic for the defense to perform and synthesize this work in time for trial."

As it stands now, Allen and Morse are co-defendants who each face three counts of first-degree murder and one count of attempted first-degree murder. Prosecutors say a third man, Jacob Allison, now 18, drove them to an RV lot at 4504 Kellys Ferry Road off Cummings Highway on April 9, 2014. There, Allen and Morse allegedly opened fire. Allison also faces murder charges and will appear in court Jan. 24.

Police say Allen and Morse also shot Michael Callan, but he escaped. Callan later testified that, as he lay in the woods that night, hoping the departing shooters wouldn't notice him breathing, he heard one of the attackers tell the other, "Make sure they're all dead," archives show.

Callan is not named on the state's witness list, records show.

In his motion, McGowan said he is also considering the services of an eyewitness identification expert, David Ross, because of some information the state turned over on the case.

"Issues of eyewitness identification will be central to the trial," McGowan wrote. "Dr. Ross has expressed his willingness to consult at the state-appointed rate, yet he and counsel have been unable to meet due to Dr. Ross's recent unavailability."

Ross also said he wouldn't be ready in time for a Jan. 17 trial date, given the complexity of some of the identification issues, the motion said. The trial is scheduled now for May 30.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.

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