Judge scolds sheriff over video of deputy killing, tells prosecutor 'control your witnesses'

Jake Allen, Indianapolis Star
·2 min read
11
Special Judge Mark Smith, of Hendricks County, questions attorneys during a pretrial hearing for the Orlando Mitchell case Friday, Sept. 8, 2023 at the Community Justice Campus. Mitchell is accused of strangling MCSO Deputy Juhn Durm on July 10, 2023. This is his second murder charge in a year. Last September, he was accused of fatally shooting his ex-girlfriend in the parking lot of a daycare center as she was dropping off her kids.

A special judge admonished the Marion County prosecutor's and sheriff's offices at a hearing Friday morning for releasing video of a deadly attack on Deputy John Durm.

Orlando Mitchell, 34, is charged with two counts of murder in the July 10 attack at Indianapolis’ Community Justice Center. He is accused of strangling Durm to death with his handcuff chain before stealing a jail transport van and crashing it in an escape attempt.

Video of the attack was shared with reporters at a news conference with Marion County Sheriff Kerry Forestal on Aug. 30. The video was streamed live on social media by several Indianapolis TV news stations.

"I'm a patient guy, but I can tell you moving forward that my patience and tolerance for that type of thing … will not be consistent with what it is today if this happens again,” said Special Judge Mark Smith, of Hendricks County, at Friday’s hearing.

Smith pointed to a motion from prosecutors that he had approved preventing the defense team’s witnesses from releasing similar evidence to the public.

Orlando Mitchell listens during a pretrial hearing Friday, Sept. 8, 2023 at the Community Justice Campus. Mitchell is accused of strangling MCSO Deputy Juhn Durm on July 10, 2023. This is his second murder charge in a year. Last September, he was accused of fatally shooting his ex-girlfriend in the parking lot of a daycare center as she was dropping off her kids.

More on Deputy John Durm's death: Two MCSO deputies fired during investigation into jail death of slain deputy

"I would expect you, just as I expect defense counsel, to be in control of your witnesses,” Smith told prosecutors during the hearing.

The judge said he would consider a motion from Mitchell’s defense team that would put the same limitations on the prosecution’s witnesses as far as releasing evidence to the public going forward.

The next hearing in the case is set for Jan. 5 with a proposed trial date of August 2026. Prosecutors are seeking the death penalty for Mitchell.

Mitchell was brought into the courtroom with his hands cuffed tightly in front of his body Friday. Several deputies escorted the suspect, who was wearing dress clothes, in and out, with additional deputies stationed in the front and back of the courtroom.

Durm was a deputy for 38 years before he died at Eskenazi Hospital after the assault. The Marion County Coroner's Office determined Durm's cause of death was "ligature strangulation." 

Before the attack on the deputy, Mitchell was being held at the jail on a murder charge in connection with the death of Krystal Walton, who was shot and killed while dropping her kids off at daycare last September.

At the same news conference where reporters were shown video of the attack, Forestal identified two deputies who were fired as part of the investigation into Durm’s death as Steve Monday and Danielle Knight.

Contact Jake Allen at jake.allen@indystar.com. Follow him on Twitter @Jake_Allen19.

This article originally appeared on Indianapolis Star: Judge scolds Indiana sheriff for releasing video of deputy's killing