TBO.com - TBO is Tampa Bay Online

Highlands Today

Meus Returns To Court In Hardee County

ADVERTISEMENT

By Dan  Fearson | Highlands Today

Published: January 30, 2008

WAUCHULA — Although it was only for a fairly uneventful hearing, Jean Claude Meus made his first appearance in three years Monday afternoon at the Hardee County Courthouse.

Attorneys from both parties filed motions, which were granted by Judge Jeff McKibben, to allow the lawyer time to collect witness depositions before a tentatively scheduled evidentiary hearing.

In 2003, Meus was convicted of the death of Nona Moore, 40, and her 8-year-old daughter Lindsey. He was sentenced to 15 years in prison.

During Meus' criminal trial, prosecutors said he fell asleep at the wheel of his tractor-trailer, driving through a stop sign and eventually overturning his vehicle onto Moore's van at Seven Mile Point, just outside of Wauchula.

Meus, however, maintained that a vehicle had cut him off, forcing him to swerve into Moore's van.

During Monday's hearing, defense attorney John Trevena, of Largo, filed a motion to depose James Franklin, who served as Meus' defense attorney during his criminal trial.

Prosecutor Victoria Avalon filed a motion to depose John Otero, who was a volunteer firefighter with Zolfo Springs at the time of the accident.

"The hearing did not produce anything substantial," said Trevena.

Meus' case got a breath of fresh air last fall when a written opinion from a Judge Douglas A. Wallace, of the Florida Second District Court of Appeals, was released suggesting that Meus had received ineffective counsel during his postconviction trial in 2005 at the Hardee courthouse.

Within the conclusion portion of the opinion, Judge Wallace suggested that during his postconviction trial Meus was not granted an evidentiary hearing, which would have led Otero to testify.

Trevena argued over the prosecutors' motion to depose Otero on Monday, saying that he was already listed as a high category witness during Meus' criminal trial.

"Essentially, they're going to be able to interview a witness twice," said Trevena.

Assistant State Attorney Chip Thulberry, who is serving as a spokesman for the case, said that prosecutors are coordinating dates with Trevena in the hopes to speed up the appeal process.

McKibben told the attorneys that he would like Meus' appeal to be speedy.

"He wants us to hurry the process up because (Meus) has already been sitting in prison for a number of years," said Trevena.

Meus' case generated national publicity as many special interest groups paid close attention to the case, feeling like Meus was given a disproportionate sentence because he is black.

Also fueling the publicity was the fact that Moore's daughters who survived the accident publicly supported Meus, saying that they believed what had happened was an accident and that if they were given the opportunity to testify during his criminal trial they would have testified on his behalf. Moore's sisters also believe it was only an accident and want Meus set free.

Although the hearing did not produce anything substantial, several friends and family members were in attendance in support of Meus, including several of Moore's family members.

Meus' fiancée, Rebecca Chenoweth, said that it was nice to see Meus outside of prison.

"It felt good to see him in a courtroom," said Chenoweth. "I know it sounds strange to say that, but I feel like (the hearing) was a step closer to our goal of getting him released."

"To see everyone together in the courtroom in support was nice for (Meus)," said Chenoweth.

Trevena said that he hopes to have witness depositions done before the end of February.

Meus will be housed in prison until the evidentiary hearing.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT