Federal trial against Krebs man continued for ninth time
Dec. 29—A federal judge granted a motion filed by federal prosecutors to continue a trial against a Krebs man accused of drowning his daughter in 2016.
Attorneys for Devin Sizemore, 28, did not object to the request made by federal prosecutors to move the trial against their client from February 2023 to April 4, 2023 due to prosecutors being scheduled for a trial in Maryland at the same time.
Court records show it is the ninth time the trial was continued by requests from both the defense and prosecutions.
Sizemore was indicted in May 2021 in the Eastern District of Oklahoma for murder in Indian Country, second degree murder in Indian Country, voluntary manslaughter in Indian Country, child abuse in Indian Country, and assault resulting in serious bodily injury in Indian Country.
He is accused of drowning his 21-month-old daughter, Emily, in a pond near Krebs Lake Road on July 15, 2016, and assaulting then-Krebs Police Officer Jack Suter during his arrest after Sizemore allegedly attempted to drown the officer.
"The court finds that an ends of justice continuance in appropriate under the circumstances presented in the motion," wrote U.S. District Judge Ronald A. White in his order granting the continuance. "Counsels' request for additional time to accommodate court schedules is reasonable."
In a trial brief filed by prosecutors, the trial is expected to last 5-6 days with prosecutors calling 15-18 witnesses.
Sizemore's defense team have filed a notice of insanity defense and intend "to introduce expert evidence at trial relating to a mental disease or defect, or other mental health condition bearing on his guilt, and if convicted, his sentence."
His attorneys argue Sizemore did not have the required competency needed to understand his rights under Miranda prior to agreeing to speak with investigators following his arrest and asked a federal judge to suppress "any and all" statements made by Sizemore.
Dr. Matthew Clem, a Neuropsychologist, testified during a September hearing that Sizemore had a "neurocognitive disorder" due to multiple causes throughout his life — meaning Sizemore does not have the cognitive ability or the intelligence required to understand the Miranda rights as they were read to him.
A report of findings and recommendation made by a federal magistrate judge was filed under seal in the case, with no ruling on the motion to suppress filed in the case as of the time this article was being produced Wednesday.
Contact Derrick James at djames@mcalesternews.com
