Lane ordered to appear before co-defendant's attorney

Will she or won't she? It's anyone's guess.

Kimberly Lane, who pleaded guilty in April to attempted murder of a Golden Valley family and sentenced to eight years in prison, was ordered Wednesday to appear in a deposition hearing to determine whether she will testify in her co-defendant's upcoming trial.

Superior Court Judge James Chavez ordered Lane to comply with a deposition to be given by Frank Anderson's attorney, Thomas Kehm.

Lane is currently incarcerated at a state Department of Corrections facility.

Kehm asked for the opportunity, citing two prior cases where defendants - one who had already made a plea agreement - could be ordered to give statements at their co-defendants' trial.

"My only remedy is to find her in contempt," Chavez said in his ruling in agreeing with Kehm.

Where the deposition would be held, whether at the prison or back in Mohave County, Chavez left that up to Kehm.

Whether she makes a statement or refuses to comment is uncertain.

"We'll cross that bridge when we get to it," Kehm said.

"At least we'll be there and try it.

Maybe she will testify."

Anderson, 52, along with Bobby Poyson, 24, and Lane, 19, were convicted separately of murdering Leta Kagen, her 15-year-old son, Robert Delahunt and Roland Wear at the Kagen residence on Yavapai Drive on Aug.

12, 1996.

Lane was convicted and sentenced to 32 years in prison in June 1999.

Prosecutors were unable to seek the death penalty against Lane since she was 14 at the time of the murders.

The Arizona Court of Appeals overturned her conviction and the state Supreme Court upheld the decision.

Her case was overturned when her confession was tossed out because of her age and her mental capacity.

Lane had already served about four years after being convicted in her first murder trial.

Prior to her second trial, she pleaded guilty to lesser charges and is expected to be released in about three years.

At Wednesday's hearing, Lane's attorney, Eric Engan, objected to her being deposed, fearing the prosecution would file additional charges against her.

"The state isn't happy with Lane," he said.

"They consider it (her sentence) a slap on the wrist.

We believe it would put her in jeopardy by requiring her to be deposed."

Chief Deputy County Attorney Jace Zack, however, said he does not plan to call her as a witness in Anderson's trial and stated he would not pursue further charges against her.

"The state did find she got off lightly but she did make a plea agreement." Zack said.

"The state won't do anything as long as the plea agreement is locked in.

The state is done prosecuting her."

Engan said during her deposition that he would counsel her not to respond to any questions by Kehm linking her to the murders.

Delayed several times, the second trial for triple murder suspect Frank Anderson, already convicted in 1998, is expected to begin in Mohave County Superior Court Sept.

5.

In his first trial, a Mohave County jury found Anderson guilty in January 1998 for three counts of first-degree murder, one count of armed robbery and one count of conspiracy of murder.

The Arizona Supreme Court struck down Anderson's death sentence.

The court ruled 4-1 to overturn the sentence because of an error in qualifying jurors during his 1998 trial, records show.

In the new trial, Anderson faces the same charges: three counts of first-degree murder, one count of armed robbery and one count of conspiracy of murder.

Anderson, Poyson and Lane had allegedly planned to kill their victims to steal Wear's truck.

The trio then fled to Illinois where they were arrested about a week after the killings.

Poyson was sentenced to death in November 1999.

The U.S.

Supreme Court recently upheld his conviction and death sentence.