Convicted killer is closer to new trial

Kim Smith

Friday, March 31, 2000 | 10:47 a.m.

A former security guard serving two life terms for murder may be one step closer to winning a new trial.

District Judge Jeffrey Sobel granted a defense motion Thursday asking that Kevin Caddell be examined by a neuropsychologist or neuropsychiatrist.

Defense attorney Chip Siegel says Caddell, 35, deserves a new trial in the February 1997 death of Anthony Webb because he didn't testify at his first trial even though he was claiming self-defense.

Siegel is arguing that Caddell, because of an undiagnosed learning disability, didn't understand the importance of his testimony. During the trial he kept changing his mind about taking the stand and ultimately did not.

According to court testimony, Webb was stabbed during an argument over whether or not he had been permanently barred from the Fisher Motel where Caddell was a security guard.

A 14-year-old witness testified she saw a woman remove something from Webb's body after the fight, possibly a gun, but the woman denied taking anything.

Chief Deputy District Attorney William Koot told jurors that Webb didn't have a gun and the fight wasn't serious enough to make Caddell fear for his life.

The jury convicted Caddell of second-degree murder with use of a deadly weapon.

If the defense expert finds evidence of an impairment, Siegel said it is likely the state will hire an expert to examine Caddell as well. The experts will then probably testify during an evidentiary hearing after which Sobel will make a ruling on the new trial.