A capital murder case for Marlon Kelly, a Bossier City man accused in the shooting deaths of two local teens, has been postponed until May, court records show.
The case was supposed to go to trial this week.
Recent court filings indicate that prosecutors last Thursday asked for their witness list to be amended to include Lieutenant Jason Porter with the Bossier Parish Sheriff’s Department and Debbie Kelsey with Eastex Telephone Cooperative so that the pair could testify about phone calls made by Kelly while he was incarcerated in the Bossier Parish Maximum Security Facility.
The filings also included an ex-parte motion filed by the defendant to refer a criminal matter to the Texas Attorney General. That motion and 123rd District Judge LeAnn Rafferty’s order remain sealed.
The issue of witnesses and discovery was an ongoing topic of discussion at Kelly’s pre-trial hearings as his trial neared, as prosecutors told Rafferty they continued to give whatever evidence they had to Kelly’s defense lawyers — who brought up concerns about discovery they weren’t sure they had. Rafferty had set deadlines for prosecutors to hand over evidence and finalize their witness lists.
In a motion dated Feb. 7, prosecutors sought to allow Porter and Kelsey to testify, saying new evidence became available after the court-mandated discovery period and that they had provided the evidence to defense attorneys “as soon as practical after it was received by the state.”
The evidence, calls made by Kelly while in jail in Bossier Parish, “pertain to the Defendant’s guilt and are independent corraboration of Marlon Kelly’s Co-defendants’ testimony.” Inmate calls are always recorded, and inmates are notified of this fact while in jail.
Rafferty has not yet ruled on those witnesses, court records show.
A continuance in the case has pushed Kelly’s trial to May 4.