Suit seeks materials from Jones, Dunn files

— Kevin Jones, who was acquitted in the killing of his girlfriend, Nona Dirksmeyer, filed a civil suit Wednesday in Pulaski County Circuit Court against special prosecutor Jack McQuary, seeking documents related to the case against current defendant Gary Dunn and his own case, court records show.

A jury found Jones innocent of first-degree murder in a 2007 trial.

In 2008, prosecutors charged Dunn with capital murder in the death of Dirksmeyer, an Arkansas Tech University student. Dunn, a parolee with a battery conviction, had lived with his wife and young stepchildren in the same Russellville apartment complex as Dirksmeyer.

Twice juries have deadlocked after hearing Dunn’s case. Both times the split was 8-4 in favor of acquittal.

Dunn will go on trial for a third time Aug. 1.

The phone at the office of Jones’ attorney, Charles Sidney Gibson of Dermott, rang unanswered Friday afternoon.

A letter from Gibson to McQuary dated March 17 and marked with the words “FOI Request” was included with the court filing. The letter had sought:

All investigative discovery materials made available to the defense in Dunn’s case.

All documents referred to in any reported testimony, trial or hearing in Dunn’s case, including law enforcement field notes.

Transcripts of witness testimony in Dunn’s two trials and in Jones’ trial.

McQuary said Friday that he had received no notice of the civil lawsuit but added, “I wouldn’t release those documents to the Democrat-Gazette or anyone else because this is an ongoing investigation.”

A standing gag order prevents prosecutors and defense attorneys, as well as others involved in the Dirksmeyer case, from speaking with the media.

Dirksmeyer, a petite beauty queen and music student, was found dead in her apartment Dec. 15, 2005. She was 19.

She had been bludgeoned with a floor lamp. The killer also punched her, strangled her and tried to cut her throat before using the lamp as a final deadly weapon, according to trial testimony.

When found by Jones, his mother and Jones’ friend, Dirksmeyer was nude except for a pair of ankle socks, according to trial testimony. A medical examiner has testified that he found no indication of sexual assault.

Arkansas, Pages 18 on 04/02/2011

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