RUSSELLVILLE — Circuit Judge Bill Pearson lifted a gag order on Monday that for years had prevented witnesses, family members and attorneys from talking publicly about former capital murder defendant Gary Dunn’s two murder trials, both of which ended with hung juries.
Dunn was the second man to be charged in the 2005 slaying of Arkansas Tech University student Nona Dirksmeyer. Twice, jurors in his trials voted 8 to 4 in favor of acquittal.
Dirksmeyer’s boyfriend, Kevin Jones — the first man charged in her murder — was acquitted in 2007.
After Dunn’s second mistrial, special prosecutors Jack McQuary and H.G. Foster said they would try him a third time in August.
In April, however, they asked the judge to dismiss the capital-murder charge against Dunn, saying they had been unable to locate a possible key witness in the case. At that time, McQuary and Foster said the state would continue to look for new evidence implicating Dunn.
Pearson dismissed the charge and told prosecutors to return in six months with an update on their progress.
On Monday, after prosecutors offered their update — which consisted of five minutes of testimony from an Arkansas State Police investigator — Pearson said he would vacate the gag order.
Only the judge and prosecutors were allowed to hear Monday’s brief testimony from state police investigator Stacie Rhoads.
McQuary declined to comment on that testimony.
“They apparently didn’t have a lot to share in front of the judge,” defense attorney Jeff Rosenzweig said after the hearing.
Asked what could be inferred from the judge’s ruling, Rosenzweig said: “I would assume there’s no active investigation going on.”
McQuary, however, said the state is still working on the case and that he wanted to thank the state police, the Pope County sheriff’s office and a Dover deputy marshal for their help with the investigation.
Prosecutors can refile a charge against Dunn, but defense attorneys indicated Monday that they would likely raise speedy-trial issues if that happens.
The witness sought by prosecutors is believed to be a woman who, according to previous testimony from Dunn’s estranged wife, may have witnessed an angry encounter involving Dunn, his wife and Dirksmeyer.
Defense attorneys say they don’t believe this woman will ever be found — if she even exists.
“Only the wife says this witness exists,” Rosenzweig said, adding that her previous trial testimony indicated that she had “significant credibility problems.”
Dunn didn’t attend Monday’s hearing. His attorneys say he now lives in another state and that he has a job there.
His mother, Martha, declined to comment when a reporter visited her at home after the hearing.
Rosenzweig said he and his fellow defense attorneys are grateful that the juries in Dunn’s previous trials “didn’t jump to conclusions.”
“This is a case where the system worked,” he added.
Arkansas, Pages 7 on 10/04/2011