Kimberly Lane, who pleaded guilty in April to attempted murder and was sentenced to eight years in prison, was scheduled back in court Tuesday to determine if she would testify against her co-defendant Frank Anderson.
However, Lane did not attend Anderson's hearing at Superior Court Judge James Chavez's request.
The judge ruled it was Anderson's hearing and there were no motions filed for her to attend the hearing.
As a 14-year-old, Lane, along with Anderson, 52, and Bobby Poyson, 24, were linked to the murders of Leta Kagen, 37, her 15-year-old son, Robert Delahunt, and Roland Wear, 50, in Golden Valley in August 1996.
On Tuesday, Chavez ordered Lane to be taken from the county jail, where she has been since she pleaded guilty April 5, and returned to the state Department of Corrections.
She has already served more than four years in prison after being convicted in her first murder trial.
Chief Deputy County Attorney Jace Zack said he originally filed a motion April 24 to keep her at the jail but does not plan to call her as a witness in Anderson's trial and withdrew his request to keep her here at Tuesday's hearing.
Lane's attorney, Eric Engan, has objected all along to her remaining at the jail after her plea agreement, instead of being transported back to the prison to finish her term.
"She has made it known that she has no intention to help the state or the defense," Engan said.
"She wants nothing more than to go back to DOC (Department of Corrections)."
Anderson's attorney Thomas Kehm, who said it would make more sense to keep her at the jail since Anderson's trial is in a few weeks, would not comment if he plans to file a motion to see if she would testify during his client's trial.
In her April plea agreement, Lane, now 19, pleaded guilty to three counts of attempted first-degree murder, charges reduced from three counts of first-degree murder.
Lane is expected to be released in August 2004.
In her first trial in May 1998, Lane was found guilty by a Mohave County jury and was sentenced a month later to 32 years in prison.
The Arizona Supreme Court overturned her conviction ruling in 1999 that she was incapable of understanding her rights during questioning by a Mohave County sheriff's deputy because of her age and reportedly low intelligence.
The Supreme Court also overturned Anderson's conviction in June 2000 and his second trial is expected to begin in Mohave County Superior Court June 21.
The Supreme Court ruled that Chavez, who presided over Anderson's first trial, should have allowed Anderson's attorney to question three prospective jurors about their death penalty objections before the judge disqualified them.
In Anderson's first trial, the prospective jurors filled out written questionnaires.
In March, Chavez ruled that he will not have written questionnaires for the second trial.
Questioning will be done orally in court.
Anderson's next pre-trial hearing is scheduled for May 31.
Poyson was sentenced to death in November 1999.
The state Supreme Court as well as the U.S.
Supreme Court upheld his conviction and death sentence.
12, 1996, Lane lured Delahunt into a small travel trailer on Kagen's property where Poyson and Anderson allegedly killed him with a knife, according to court documents.
It was reported that Poyson and Lane then obtained .22-caliber ammunition from a neighbor.
Later that night, after cutting the telephone lines, Poyson and Anderson allegedly shot Wear and Kagen.
The three suspects fled to Illinois in Wear's pickup.
They were arrested two weeks later.