Lawyers for two homosexual men accused of raping and killing a
13-year-old Arkansas boy last year have asked a state court to delay the
capital murder trial so they can examine results from fingerprint and
The men, 38-year-old Davis Don Carpenter and 22-year-old Joshua Brown
are accused of sodomizing, raping and torturing to death Jesse
Dirkhising on Sept. 26, 1999.
The motion to delay, which was filed Mar. 9 in Arkansas’ Benton
County Circuit Court, noted that the state crime lab had yet to
administer the exams.
Attorneys for Carpenter said they would need time to review the
results in order to mount an adequate defense. Carpenter’s co-defendant,
Brown, is slated for a later trial.
Reports from the area said Carpenter’s attorneys, Tim Buckley and
Kent McLemore of Fayetteville, argued last week in court that some
evidence collected against their client should be thrown out of court.
Local police “allegedly did not advise Carpenter of his rights before
taking statements from him and seizing more than 100 items,” said the
Log Cabin Democrat newspaper.
Police said Carpenter gave them consent to search his premises, but
Buckley and McLemore argued the consent was coerced.
Brown’s case is on hold while he undergoes a psychological exam, the
The crime, which first received nationwide attention in a column
written by WND editor Joseph Farah,
involved the suspects’ allegedly binding Dirkhising with duct tape and
repeatedly raping him “over a period of hours, including with foreign
“While enduring this ordeal, his ankles, knees and wrists were bound
in duct tape and he was gagged and blindfolded,” Farah said. “He was
tied to a mattress. He may have been drugged, police say. A sedative
called amitryptiline was found in the home of two men — (Brown and
Carpenter) — along with Jesse’s body.” There were other drugs found by
police on the scene, “as well as items commonly used in sexual bondage.”
Carpenter and Brown told police when they were arrested that they had
left Dirkhising bound and gagged while both men went to the kitchen to
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