Attorneys for three Mower County murder defendants don’t deny their clients took part in an Austin robbery leading to the deaths of two St.

Wednesday, May 30, 2001

Attorneys for three Mower County murder defendants don’t deny their clients took part in an Austin robbery leading to the deaths of two St. Paul roofers, but each say their client can’t be held accountable for the murders.

Vernon Neal Powers, 28, Scott Perry Christian, 30, and his brother David Kenneth Christian, 28, all of St. Paul, have pleaded not guilty to first- and second-degree murder in the June 30, 2000 shooting deaths of Juan Vincente Ramirez, 41, and Raul Pedro Guiterrez, 26, and wounding Benjamin Moreno Hernandez, 20, all of St. Paul.

Powers has Chron’s disease, a chronic digestive disorder, and had been released from the hospital about three weeks before the robbery. He was drinking and taking medication the night of June 30, and doesn’t remember clearly what happened, his attorney, Chester Swenson, told the entirely white, mostly younger jury during opening arguments in a Dakota County Courtroom Tuesday.

&uot;Vernon Powers can’t be held to the same level of accountability as the others,&uot; Swenson said.

Scott Christian was not responsible for the deaths either, despite what forensic evidence indicates, said his attorney, Rick Smith.

&uot;The evidence will show that Scott did not kill anyone, did not intend to kill anyone, that he did not aid and abet the killing of anyone and did not commit any crime that led to the death of anyone,&uot; Smith said.

David Christian didn’t go into the hotel room, didn’t have a gun and had no idea about the robbery plan, his attorney, Barry Voss, said. Powers and Scott Christian hatched the plan and split the $170 taken from the roofers, he said.

&uot;The police rushed to judgment,&uot; Voss said. &uot;The evidence is guilt by association.&uot;

The three defendants are being tried separately during the single trial, and the jury will have to keep charges and defendants separate in their minds when reaching a verdict, said Third District Judge Donald E. Rysavy.

Rysavy urged the jury to listen critically to the witnesses: whether they have anything to gain by testifying, whether their testimony is reasonable, and whether the jury feels they are telling the truth.

&uot;To the last, you rely on your own experience, your own judgment and your own common sense,&uot; Rysavy said.

After opening arguments, Powers filed a written motion asking for new representation. Swenson is incompetent and unprepared, and told co-counsel Sara Jane Olsen to lie to the defendant about her marriage to an assistant in the Mower County Attorney’s office, Powers said.

&uot;I have been misled and lied to by both my attorneys since day one,&uot; Powers said. &uot;There’s no way I’m going to receive a fair trial.&uot;

The judge denied Powers’ request, ruling his counsel is competent and Powers knew about Olson’s relationship as early as July 2000. Powers has the constitutional right to representation, Rysavy said, but &uot;not necessarily the exact counsel of (his) choosing.&uot;