Cabbie murder trial will go on as scheduled this week

Following a brief hearing and recess totaling seven minutes Monday morning, Circuit Court Judge “Clay” Athey ruled that defense co-counsel John Bell could continue to represent accused murderer Clay Marshall Curtis.  Curtis is accused of the December 9, 2014 shooting death of off-duty Yellow Cab driver Simon Funk, Jr.

Off-duty Yellow Cab driver Simon Funk, Jr. was shot to death on Dec. 9, 2014. Courtesy Photo

A week earlier on June 19, Athey made the same ruling on Bell’s own motion to withdraw from the case due to his representation of another inmate at RSW Regional Jail, whom the Commonwealth now plans to call as a prosecution witness.  This time it was a Commonwealth motion to recuse Bell from the case for the same reason, though apparently as a technicality to get detail on Bell’s position related to any potential conflict into the court record of the trial.

After Bell confirmed that he had only learned of the alleged “jailhouse confession” of his client to inmate Michael Turner from the Commonwealth on June 14; and had not discussed the alleged confession with either his client or co-counsel David Hensley, Athey again concluded there was no conflict in allowing Bell to continue as one of the defense counsels.  However, he did rule that he would limit any cross examination of Turner to Mr. Hensley.

Following his ruling, Judge Athey questioned Curtis on his desire to have Bell continue to represent him.  “Yes sir,” Curtis replied to that question.

Athey then asked Curtis if he was willing to waive any potential argument that Bell had a conflict of interest in continuing to represent him.  Curtis replied, “Yes.”

At 9:51 a.m. Court Clerk Angie Moore read the three felony charges – First Degree Murder of Simon Funk Jr.; Attempted Second Degree Murder of Jeff Sissler; and the use of a firearm in the commission of a felony – to Curtis, asking how he plead to each.

“Not guilty,” Curtis replied three times.

Defendant Clay Marshall Curtis knew his alleged victim.

Asked by the court if he was the person named in the three indictments, Curtis momentarily appeared confused and asked for clarification.  Bell explained to the court that his client was hard of hearing, to which Curtis elaborated, “I am totally deaf in my left ear.”  He then confirmed that he was, in fact, Clay Marshall Curtis, age 64, who was named in the indictments.

At 10 a.m. a pool of 68 potential jurors was brought into the courtroom.  Questioning of the jurors began at 10:15 a.m. and all but 16 jurors were excused at 12:22 p.m.  Court recessed for lunch at 12:25 p.m.  Opening arguments were slated to begin when court reconvened at 2 p.m., Monday, June 26.