A judge granted a motion to quash a subpoena in a first-degree murder case — but ordered the subjects of the subpoena to submit to any further subpoenas if properly refiled.
Brenda Savage, 55, Del Valle, Texas, was charged in Pittsburg County District Court with murder in the first degree last January after witnesses told investigators that Savage shot and killed 40-year-old Bart Jameson “for no reason,” according to allegations in court documents.
Attorneys argued during a hearing Wednesday at the Pittsburg County Courthouse in McAlester about the relevance of posts from a Facebook page run by Jameson’s family members and if defense attorneys followed procedure to subpoena them, in addition to the District 18 District Attorney’s Office and officers involved in the case.
Pittsburg County Associate District Judge Tim Mills granted a motion filed on behalf of family members to quash the subpoenas — but allowed the defense to properly refile the subpoenas and ordered the family to preserve anything subject to it.
“I understand, arguably, the need for it,” Mills said.
Blake Lynch, the attorney representing Savage, argued the posts could taint jury selection for the trial set for the January 2020 docket and listed that among his reasons for also filing a motion for change of venue.
Lynch filed on Nov. 15 subpoenas for some of Jameson’s family members to produce a copy of the “Justice For Bart” Facebook page — “including but not limited to a list of friends and any private messages sent by you or to you in relation to Brenda Savage” — on Nov. 23.
District 18 Assistant District Attorney Adam Scharn and attorney Michael Parks filed motions to quash the subpoenas and argued during Wednesday’s hearing that Lynch did not properly serve them.
One family member testified that the subpoena was received via certified mail about five days before the date specified to submit materials requested. Another family member testified a subpoena was never delivered.
Mills took the state’s motion to quash under advisement until Lynch specifies the information he seeks from the DA’s office.