[Music]
9:21 he's no stranger to a courtroom
accused killer Luis Arroyo is also
currently serving 99 years for escaping
the bear county jail before that his
capital murder case ended in a mistrial
which brings him back to court this week
and that mistrial the defense says makes
it harder to do their job successfully a
second time Paul venom attract in the
case and here's a clip from his story
testimony during his capital murder
trial last summer often focused on
witness credibility that according to a
Royals lawyer makes the state's job
difficult
Doyle and the victims all had a history
of drug use their facts are just bad for
them and they're just trying to see if
it sticks
still Pettis insists the defense team
has an uphill battle generally on a
retrial the state has an advantage
because now they know your defense they
know the weaknesses that you attacked
Paul venema joins us now to debrief that
court case so let's go back first of all
and explain the situation of what
happened in the beginning yeah let's
let's do you figure out how we got here
January 2016 what both sides agree was a
drug-fueled argument over a package of
cigarettes and there were two people
being shot and stabbed to death or oil
was charged with that and jailed ready
to go on trial for that okay that he was
in jail ready for the capital murder
trial two people were killed he was in
jail that was in March of last year and
he escaped from the Perry County Jail we
all remember that the trial for the
double murder capital murder proceeded
at January ended in a mistrial he was so
that case was was the indictment remains
in place that that case was set aside
then he's tried on the the escape charge
and he gets 99 years on that they escape
yes did the verdict so third go-around
now a capital murder indictment and now
you say that indictment against Arroyo
has actually been amended what does that
mean for the case simply means they're
they're trying him for for murder as
opposed to capital murder what it
affects is
parole punishment so what they the this
whole case now is about that it is about
for all going going back real quickly to
the 99 years he got 99 years 99 like so
much scape why it's so much because he's
a considered a habitual he has a quite a
record of criminal record so that that
ups the ante as far as the time the
exposure that he said he's exposed to
the time he's exposed to but anyway so
so 99 you said 99 years sounds like a
lot of time 99 years for parole purposes
is comes is considered 60 years it's
just considered life and life is
considered 60 years if that makes any
sense just for for all purposes so they
the sister has some numbers toward it
has to serve 60 years before he's
eligible for parole 60 life is life 999
and life both become 60 right so I mean
your scape charge
the law requires he serves one-fourth of
that six years which would be 15 I was
gonna say okay maybe simply put Paul we
could say they're trying to find a way
to stack this to keep this guy off the
street yeah we're playing we're getting
too deep into the woods what is it am i
close exactly okay the thinking here
simply is to keep her in prison because
according to the state he's a very
dangerous man person and his record
would suggest that that indeed is the
case so basically if he has to serve 15
years before he's eligible for parole
under all these mathema in the in the
escape charge and you escaped he would
only serve 15 years whereas and if he's
convicted in this murder case he would
have to serve 30 years so then again
that it's simply about parole a
complicated way of getting him justified
to getting him into prison almost
biggest challenge for prosecutors in
this third trial I guess their challenge
as it was the first time around was
their witnesses they're there they're
not the best person people in the world
and and you got you as Darrell royal
used to say you dance with who brung you
they've they've they what the case is
what it is so that's a challenge because
the credibility of these people there's
there there's some serious issues about
their credibility that that's it
speaking of credibility
in the last one that ended in a mistrial
the defense brought up the police
investigation and had questions about
that so what would they question it well
they they thought their thinking was
they they went after the first guy in
the neighborhood named Tony no judge and
oil so rather they said they didn't
weren't thorough enough in their
investigation they found a guy they said
this must be the guy let's go that
that's what the defense says the
prosecution says the police did what
would they think feel was a very
adequate investigation okay all right so
things are under way now they're
starting right now yes and that should
go probably throughout this the rest of
the week and we'll get to the punishment
phase again and see where they go the
first trial hung up six people voted not
guilty and again uh they had they talked
to the jurors afterward they had some
questions about the credibility of the
witnesses we'll see whether that's right
I mention that okay yeah more of his
coverage online at koat.com Paul thank
you as always good seeing you on our
Wednesdays we'll be back you got to get
to court I'm sure how long the way