Judge orders psych records in double homicide

A Cape Girardeau County circuit judge has ordered the Missouri Department of Corrections to provide attorneys with psychiatric records for a man accused of gunning down two people last year at a Cape Girardeau apartment.

Kenneth Bell, 23, is charged with two counts of first-degree murder and one count of armed criminal action in connection with the Feb. 7, 2013, shooting deaths of Misty Cole and Shannon James.

Late last month, Judge Benjamin Lewis ordered DOC officials to provide assistant prosecuting attorney Angel Woodruff and public defender Cynthia Dryden with copies of "any and all" psychiatric records on Bell, including medical and disciplinary files, visitor logs, telephone call logs, psychological and intelligence testing results, roommate history, friends and enemies lists and other information.

Bell's attorneys, Dryden and public defender Beth Kerry, also are seeking to suppress statements their client made to police after the shooting.

In a motion filed earlier this summer, Dryden and Kerry alleged officers violated Bell's constitutional rights.

Among the claims in the motion:

• Bell was not provided a lawyer before or during his interrogation.
• The length and nature of Bell's custody and the conditions of his interrogation, including its duration, were "inherently coercive."
• Bell was "subjected to mental, physical and psychological duress" during the interrogation.
• Officers promised leniency to induce Bell to talk to them.
• Officers tricked Bell into making statements.
• Officers failed to advise Bell of his Miranda rights.
• Bell did not waive his right to remain silent or his right to a lawyer.
• Police did not stop interrogating Bell when he indicated he wanted to remain silent and have an attorney present.
• Bell's statement was the result of an unlawful arrest made without probable cause.

Online court records show a hearing on the motion to suppress is set for Nov. 14.

Bell is accused of going to James' and Cole's apartment at 401 S. Pacific St. and shooting them after getting into a verbal altercation with James on a nearby sidewalk.

Cole's daughter has said she suspects the shooting was drug-related.

At a preliminary hearing in March 2013, witnesses testified James bumped into Bell on a sidewalk, prompting the altercation.

Bell -- who lived in the same building as James and Cole -- admitted he opened fire when Cole opened the door to let James into the apartment, Sgt. Don Perry testified during that hearing.

The detective said Bell told him he did not know James and Cole by name and had only seen them in the building.

epriddy@semissourian.com

388-3642

Pertinent address:

401 S. Pacific St., Cape Girardeau, Mo.