Kirkpatrick defense has until March 1 to file motions

Tuesday, January 24, 2012

McCOOK, Nebraska -- A motions hearing has been scheduled for March 5, 2012, in the Stathis Kirkpatrick murder trial. The defense for the 19-year-old Bartley, Nebraska, man accused of killing a McCook girl a year ago this month, has until March 1 to file motions in response to the prosecutions request for a competency determination hearing. The prosecution requested the hearing in a Jan. 17 filing after a psychologist at the Lincoln Regional Health Center reached the conclusion earlier in the month that Kirkpatrick was competent to stand trial.

Kirkpatrick was committed to the Lincoln Regional Health Center for mental health treatment in September 2011 and ordered to remain there until he is considered competent to stand trial for the murder of 14-year-old Kailee Nichole Clapp.

Kirkpatrick is charged with first degree murder, use of a knife or deadly weapon to commit a felony, tampering with physical evidence and unlawful burial.

If convicted, the minimum penalty for a first degree murder charge, a Class I or IA felony is life in prison without parole; the maximum is the death penalty.