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Sheriff Says Devlin Will Be Returned to County
By Ed Pruneau, Missourian Managing Editor
08/24/2007
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Franklin County authorities said they have no problem with the temporary transfer of accused kidnapper Michael Devlin to the St. Louis County Jail where he is scheduled to be arraigned next month on 71 felony counts including two kidnapping and 69 forcible sodomy charges. But they say he will be returned to the Franklin County Jail after the arraignment.

"The way it stands now, following this arraignment he'll come back here," Sheriff Gary Toelke said Thursday. "If our officers bring him back, we won't give out the date or time for security reasons," he added.

The arraignment in St. Louis County originally had been set for Wednesday but was delayed by a judge until Sept. 19.

Devlin, 41, faces kidnapping and armed criminal action charges in Franklin County in connection with the forced abduction of Ben Ownby, 13, Beaufort, Jan. 8. He was moved to St. Louis County Thursday, Aug. 16.

Ownby and Shawn Hornbeck, 15, were rescued from Devlin's Kirkwood apartment Friday, Jan. 12, following an intense four-day search for the missing Beaufort boy. Hornbeck, abducted in October 2002 from a road near his Richwoods home, was missing four years.

Since his arrest Jan. 12, Devlin has been held in the Franklin County Jail on a $1 million bond. He also faces charges in Washington and St. Louis County and in federal court.

Toelke said the transfer is not unusual, but since Devlin is a high-profile inmate, it has drawn "more attention," than normal.

"This is a normal procedure whenever there are multiple jurisdictions involved in charging a person with crimes," Toelke told The Missourian.

"There is rumor that he will not be returning to Franklin County. That apparently was a misunderstanding due to comments by his attorneys that his stay at St. Louis County will be indefinite," the sheriff commented.

The Associated Press initially reported that Devlin's attorneys said they had "quietly won a long-running fight" to have their client moved to St. Louis County and that he would be there "indefinitely." In a later story, the AP reported that Devlin would be returned to Franklin County after the Sept. 19 arraignment.

Franklin County Prosecuting Attorney Bob Parks told The Missourian this week that he did not object to allowing Devlin to be held for a time in the St. Louis County Jail where his attorneys would have easier access to go over evidence and confer with their client.

"If it'll speed this up and get this concluded, I'm all for it," said Toelke. "For the victims' sake and to keep them out of court, I support it.

"Anything to help speed up this case is fine. Let's get it over with," Toelke said.

Devlin's next court appearance in Franklin County is scheduled for Oct. 18 when defense motions will be argued.

If Devlin does not enter into a plea bargain with the various jurisdictions, his first trial on charges will be in Franklin County, but the jury panel will come from another county, according to an order approved by Associate Circuit Judge Stan Williams.

Devlin's attorneys, Ethan Kielty and Michael Corlija, have sifted through virtually all of the written reports and evidence in the case, which amounts to thousands of pages.

Devlin is also scouring the documents and taking notes to aid his defense, Kielty told the AP.

Kielty said he will soon begin reviewing physical evidence in the case. Authorities removed boxes of material from Devlin's apartment, and federal authorities have said they have child pornography tapes that Devlin made there.


©Washington Missouri 2009

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Reader Comments
Added: Saturday August 25, 2007 at 07:48 PM EST
Let's Get It Over with!
Lets get it over wiith so the victims can get on with their lifes> So they can heal and their families can heal!
Julie S., Union, Missouri

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