Mosley can hear Whaley murder trial

Friday, June 11, 2004 | 8:23 a.m.

District Judge Michael Cherry ruled Thursday that there were no grounds to disqualify District Judge Donald Mosley from the case of four teenagers accused of killing their 17-year-old friend and burying him in a shallow desert grave.

Cherry said the fact that John Wright, the lawyer who represents 19-year-old Stephen Stringfield in the case, once briefly assisted in representing Terry Mosley, the mother of Donald Mosley's 11-year-old son in the ongoing custody battle between the Mosleys, did not "meet sufficient grounds to disqualify."

Cherry's ruling means Donald Mosley will continue to preside over the trial of Stringfield and 18-year-olds Shane Myers, Cody Myers, and Matthew Baker.

Each of the four teens is charged with conspiracy to commit murder, first-degree kidnapping with a deadly weapon, murder with the use of a deadly weapon and robbery with use of a deadly weapon in connection with the death of Jared Whaley, a Silverado High School student. Whaley was shot in the head and in the stomach on Oct. 14.

Authorities allege that Baker was the leader of the teens and wanted to kill Whaley because he had interfered with their drug dealing.

Cherry initially said it was his belief that attorney Richard Wright, who represents Baker, had served as Donald Mosley's attorney and that John Wright served as Terry Mosley's attorney in the child custody case, but Richard Wright said he has never served as Mosley's attorney.

John Wright cleared the air by saying in 1998 he did assist Terry Mosley's case by helping with some "evidentiary issues" while working at his former law firm.

Donald Mosley on June 2 postponed the arraignment of Shane and Cody Meyers, Stringfield and Baker, saying he wasn't sure he had "the jurisdiction" to preside over the trial.