The judge denies a Baldwin woman's request to be tried separately from her sisters in a murder-for-hire case

MOBILE, Ala. (WALA) – A federal judge has rejected a Baldwin County woman's request to be tried separately from two of her sisters in a murder-for-hire conspiracy case.

Judy Owen had argued that it would be unfair for her to stand trial at the same time as her sisters Sandra Grimes and Mitzy Gaye Smith. Her attorney noted that Grimes made statements to investigators after her arrest that incriminated Owen. The defense argued that because Grimes could not be compelled to testify at her own trial, Owen's attorney was unable to cross-examine her on those statements.

But Chief U.S. District Judge Jeffery Beaverstock ruled that courts have determined that jointly charged defendants — particularly in conspiracy cases — should generally be tried together. He wrote that the defense had a “heavy burden” to show that a joint trial would harm the defendant and that prejudice could not be offset by instructions to the jury.

“In this case, Ms. Owen has failed to demonstrate why any remedy other than severance pay would be insufficient to cure compelling prejudice arising from a joint trial,” the judge wrote. “She has therefore not met the 'severe burden' required for severance pay and the application is REJECTED.”

Prosecutors allege that Grimes, 57, wanted her son-in-law Raul Mina dead because he was accused of abusing his wife. Grimes, Owen and Smith are accused of conspiring to hire Rebecca Elizabeth Murphy to carry out the attack.

Murphy, who failed to follow through on his plan, pleaded guilty last week to conspiracy to commit murder and passion for a firearm by a convicted felon. Her sentencing is scheduled for January.

The remaining defendants pleaded not guilty in a revised indictment this week. They are scheduled to go on trial in November.

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