Woman accused of obstruction of justice allowed to return to Florida

(Originally posted Monday afternoon)

[October 26, 2009]  Sara Duncan, 43, of Sarasota, Fla., was brought before Judge Thomas M. Harris at 2:50 p.m. Monday.

Duncan is accused of providing false information in the form of an alibi for Christopher J. Harris, 30, of Armington. She entered a plea of not guilty on the charge. Christopher and his brother Jason have both been charged with five counts of first-degree murder and one count of attempted murder in the Gee family homicides of Sept. 21.

Duncan was represented by Decatur attorney Carolyn Root. Assistant State's Attorney Jonathan Wright represented the prosecution.

Duncan, through her attorney, asked the court to allow her to return home to Florida at this time. Wright said the prosecution had no objections to the request. Wright released to Judge Harris a "Waiver of Extradition" signed by Duncan. This would allow prosecutors to immediately extradite Duncan in the event she fails to comply with court-ordered dates in the case. The judge asked Duncan if she had signed the waiver without any coercion and she stated for the record that was correct.

Root also said that her client would waive any pre-trial hearings in order to allow Duncan to remain in Florida without requiring trips back to Logan County.

The judge was concerned that the agreement with Duncan that stipulated she must return "as needed" left a great deal of room for interpretation, but Root said they would cooperate fully with the court.

An initial date for Duncan's trial was placed on the February 2010 docket.

Christopher Harris is due in Circuit Court on Wednesday at 1:15 p.m. His brother Jason is scheduled to appear that same day at 1:45 p.m.

Duncan's daughter, Jennifer Earnest, represented by Lincoln attorney Jim Grimaldi, is scheduled for a bail hearing on Wednesday at 10 a.m.

Grimaldi has filed a motion with the court stating that the $50,000 bond, which requires 10 percent cash, is excessive.

[LDN staff]