CLEVELAND, Tenn. — Of the three suspects in Cleveland’s infamous 1999 Valentine’s Day triple slaying case, only one is behind bars.
Special Judge Jon Kerry Blackwood has dismissed capital murder charges against defendant Michael Younger, though he left open the possibility of charges later by ruling “without prejudice.”
Prosecutor Steve Bebb had asked the court to dismiss the murder charges, citing the conduct of the previous judge and the prosecuting detective. On Monday, Bebb said all parties had agreed to make no public comments about the Friday ruling.
On Feb. 14, 1999, the bodies of Dawn Rogers, Cayci Higgins and O.J. Blair were found in a Bradley County apartment, shot in the back of the head as they knelt on the floor with their hands tied behind their backs.
After years of investigation, Maurice Johnson, Twanna Blair and Younger were indicted. Johnson was found guilty in 2009 of first-degree murder and is serving a life sentence without possibility of parole. Blair’s trial ended with a hung jury and a mistrial in 2009, and her case is before the Tennessee Court of Criminal Appeals.
At the heart of Bebb’s request to dismiss the Younger case are more than 200 telephone calls between Judge Amy Reedy, who presided over Younger’s May trial that ended when she declared a mistrial, and former Cleveland police detective Duff Brumley, a prosecution witness.
In an amended motion, Bebb restated his opinion that Brumley was unreliable based on two previous but unrelated cases.
“Finally, and most disturbing, is approximately 171 telephone calls between Mr. Brumley and Judge Amy Reedy, the presiding judge during the time this case was progressing through the court system,” according to Bebb’s motion.
In the amended motion, the prosecution said that, since the filing of the original request to dismiss the case, “the state has subpoenaed the personal cell phones of Brumley and those records reveal 36 additional calls as well as 13 text messages” between Brumley and Reedy.
The calls took place between June 11, 2010, and Aug. 18, 2010, and the texts were between June 26, 2010, and Aug. 20, 2010, the motion states.
“The grand total of known telephone contacts between the presiding judge and the prosecuting officer are 220,” it states.
In September, Reedy denied Bebb’s request that she recuse herself from the case, then recused herself by her own act.
Blackwood was appointed to decide the state’s dismissal request.
Reedy also accused the state of prosecutorial misconduct because, during a pretrial hearing for Younger, Assistant District Attorney Richard Fisher asked questions to a witness after the judge forbid the questions.
Reedy noted in her court order that she regularly “interacts by phone and otherwise with various law enforcement, court personnel and members of the District Attorney General’s Office as part of her duties.”
She said Brumley was a neighbor and friend and that many other potential witnesses also are her friends.
The state still believes Younger is responsible for the three 1999 deaths, according to Bebb’s amended motion. But Younger is entitled to a fair trial, according to the motion presented to Blackwood.
“No matter what reasons are given for the telephone calls … it does not absolve the state of its responsibility to see that Mr. Younger receives the due process afforded to him by law,” the motion states. “The absolute appearance of impropriety in these telephone calls is such that the state cannot in good faith subject Mr. Younger to further criminal prosecution in this matter.”
Contact Randall Higgins at rhiggins@timesfreepress.com or 423-314-1029.