Varnell denied Motion to Dismiss part of the indictment on Multiplicity

Defense Files New Motion of “File out of Time”

Although the trial for Sayre resident Jerry Drake Varnell’s federal trial for a charge of attempted use of a weapon of mass destruction has been postponed multiple times, the case appears finally set to be heard on February 12.

On February 1, Judge Timothy DiGuisti denied a motion filed by the Varnell’s defense to dismiss parts of the indictment against Varnell on the fear of multiplicity. 

The judge has yet to rule upon the defense’s effort to suppress evidence to the jury related to a 1000 pound vehicle bomb that government built and detonated at Fort Riley, Kansas, to demonstrate what the inert bomb the FBI had provided Varnell with would have looked like had it actually been able to detonate. The defense argued this unfairly could possibly unfairly prejudice the jury.

The government and the defense also await the judge’s ruling on evidence related to the guest list at the Skirvin Hotel. The government collected this guest list to demonstrate that Varnell’s inert bomb would have injured humans. The defense contends that this is also unfair prejudice as the inert bomb provided to Varnell was never capable of detonation. 

The defense responded with a new motion on F...

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