A judge denied a motion to assign a special prosecutor for the trial of one of two teens charged in a Bushnell murder case.
The case involves Nicholas Lafary, who turned 18 on Nov. 6. He’s one of two teens accused of killing Travis Purden, 43, whose body was found in his home in early June.
Defense attorney Andrew Stuckart argued for the special prosecutor, saying that assistant state’s attorney Susan Maxwell was present during the investigation of the murder scene and during the autopsy. He said Maxwell could be called as a witness, and that would be a conflict of interest.
Assistant state’s attorney Scott Terry called the argument ridiculous. He said Maxwell was not a key witness to the crime, and that Stuckart knows she’s not going to be called as a witness.
In denying the motion, Circuit Judge Nigel Graham ruled that Stuckart’s argument was based on speculation. He also said prosecutors routinely consult with investigators, and there was no conflict of interest.
A pretrial hearing was scheduled for early next year.
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