PLATTSMOUTH, Neb. — The law enforcement official in charge of processing a bloody farmhouse containing the slain bodies of Wayne and Sharmon Stock could defend his actions for that case in a Cass County District Courtroom in March.
On Monday, David Kofoed, the director of Douglas County’s crime scene investigations, appeared before a judge. Wearing a dark suit and glasses, he confidently entered his plea: “Not guilty, your honor.” He faces a state felony charge of tampering with evidence.
Judge Randall Rehmeier set a trial date of March 15.
In April, special prosecutor Clarence Mock charged Kofoed in connection with his handling of blood evidence in the April 17, 2006, shotgun slayings of the Stocks outside Murdock, Neb. Two weeks ago, Rehmeier rejected Kofoed’s effort to get the state charge thrown out.
A jury in September acquitted Kofoed of four related federal charges. Kofoed’s defense attorney, Steve Lefler, told reporters after the hearing on Monday that his client would win another acquittal, presuming the Cass County case goes to trial in March. That trial would be one month shy of the four-year anniversary of the homicides that initially led to murder charges against two innocent men, Matthew Livers and Nicholas Sampson.
Kofoed has repeatedly denied any intentional wrongdoing, testifying in his own defense at his federal criminal trial.
“I know a lot of people in the community think that he’s guilty of something or another, or they figure, why would he still be here,” Lefler said. “From Day One, Dave has repeatedly said, ‘I have done nothing wrong.’
“He has been able to prove that one time already, and we plan to do that again here.”
Special prosecutor Mock told reporters Monday that he hasn’t made a final decision on whether Kofoed’s case should go to trial. But, he said, he is leaning that direction.
A jury trial for Kofoed could require at least three weeks of courtroom testimony, both lawyers agreed Monday.
“These kinds of cases involve scientific evidence and professional opinions on evidence collection,” Mock said. “We are consulting with experts, not just in Nebraska, but elsewhere.”
Mock argued during a preliminary hearing in July that Kofoed either planted evidence, using an unsealed evidence containing Wayne Stock’s blood-soaked shirt, or that Kofoed wanted to make it appear as if he had submitted the evidence promptly.
Either way, he created fake documents, did so knowingly and intended for the evidence to be used in court, Mock said.
Kofoed has remained on paid administrative leave since being indicted in April.
Contact the writer:
444-1056, john.ferak@owh.com
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