Jonelle Matthews murder case: Trial date set for Steve Pankey

A new trial date has been set for Jonelle Matthews murder suspect Steve Pankey after the plan for Pankey to undergo a psychological evaluation was scrapped Wednesday in Weld District Court.

Pankey, who turned 70 Thursday, is accused of kidnapping and murdering 12-year-old Jonelle Matthews in December 1984. The Weld County grand jury’s indictment of Pankey highlighted his admissions to having information about the case over the years, but defense attorney Anthony Viorst said Pankey’s statements about the case could be attributed to Asperger syndrome, an autism spectrum disorder which Pankey has been diagnosed with.

Viorst filed a report containing the diagnosis late the day before a motions hearing in late May. Prosecutors were concerned about the admissibility of the report without the state conducting psychological evaluation of its own.

Viorst, under the belief prosecutors were correct about the report’s admissibility and ability of the court to order an evaluation in such a situation, agreed to the evaluation. Since that hearing, however, he learned it was not required by law and rescinded his agreement Wednesday.

Weld District Attorney Michael Rourke said he was in no position to object to Viorst backing out of the state evaluation, but expressed continued concerns about the report. Rourke cited case law to argue evidence pertaining to mental health could not be admitted if it wasn’t for the purpose of an insanity plea.

Viorst challenged that the evidence wasn’t being used to justify any criminal action to which a plea would be made.

Weld District Judge Timothy Kerns decided to take a pleading from Rourke on the report, as well as a response from Viorst, to settle the matter of its admissibility in a motions hearing before the trial begins.

A motions hearing was scheduled for half a day July 21, with a pre-trial readiness conference 1:30 p.m. Sept. 22.

A four-and-a-half-week jury trial is set to begin Oct. 6.

Pankey waived his speedy trial rights Wednesday, resetting the speedy trial deadline to Dec. 23.

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