Day two in the bench trial for Emporian Devawn Mitchell’s latest appeal of his murder conviction in the 2021 traffic death of fellow Emporian Steve Henry saw Mitchell himself take the stand.
Mitchell’s testimony Tuesday followed day one of proceedings, which included testimony from Mitchell’s trial attorney, Rick Meier, who stated then that he had been fired by Mitchell due to a disagreement in how to proceed with his defense. Mitchell stated Tuesday that he did not recall that particular issue, saying he instead fired Meier because “He had badmouthed me.”
Also, during his testimony, Mitchell claimed that he was not satisfied with several areas of Meier’s representation, including an alleged lack of explanations or guidance regarding the judicial process. Another issue raised by Mitchell’s current attorney, Brian Cox, was that of his client’s decision to waive his right to a jury trial during the original court proceedings with Mitchell saying he chose to waive said right as he believed it would mean all proceedings would be closed to the public saying he did not want the community to know his mental health history which would be a prominent focus throughout the case.
Mitchell also claimed that neither Meier nor any court official, including Judge Lee Fowler, had explained this to him before he waived this right, noting that Fowler did express that if he chose to waive his right, it would be “very difficult” to reverse that action. Cox asked Mitchell if he had known the case would have been public regardless of it being a bench trial or jury trial, if he would have still chosen to waive his right. Mitchell stated, “I wouldn’t have.”
Speaking of his mental health, Cox asked several questions regarding Mitchell’s history and known conditions to which Mitchell stated he suffers from anxiety and was diagnosed with schizophrenia and suffers “flare-ups” from time to time, which he claims causes him to be “not in control of my actions.” Mitchell noted he does receive medication; however, he claimed that during the original trial, during which time he was incarcerated inside the Lyon County Detention Center, jail staff “took” his medication privileges from him and that he was not on his medication at many times throughout the proceedings.
Monday, it was stated and not challenged that medication was available to Mitchell during his time in the Lyon County Detention Center.
Also testifying Monday was appellate attorney Kurt Kerns, who represented Mitchell during his first appeal and even made an oral argument on Mitchell’s behalf to the Kansas Supreme Court during that proceeding. Tuesday, Cox stated that Kerns testified he had discussed the possibility of bringing up the issue of the jury waiver as part of the appeal with Mitchell, who stated that was “Not true.”
Mitchell would later add that he felt Kerns had not done “enough” in his opinion in representing him through the appellate process.
Mitchell was convicted in 2022 after leading a high-speed chase in Emporia that ended with the death of Steve Henry near Sixth and Chestnut. Law enforcement broke off the pursuit shortly before the fatal crash. Mitchell was sentenced to 50 years in prison for felony murder, aggravated assault on law enforcement and flee and elude. A previous appeal was denied by the Kansas Supreme Court.
Along with overseeing the original trial, Fowler is presiding over this appeal. Trial could end Wednesday.
