FLAGSTAFF, Ariz. — A man who escaped from an Arizona prison and is facing
federal murder charges in New Mexico has been seriously ill and unable to
meaningfully help prepare his defense, his attorneys told a judge in their
successful effort to delay the trial.
John McCluskey is being treated for an undisclosed medical condition that has
led to weight loss and left him physically and mentally weak, his attorneys
McCluskey had been set to go to trial next month on carjacking and murder
charges in the deaths of an Oklahoma couple, but U.S. District Judge Judith
Herrera agreed to a postponement until late July.
Court documents allude to the medical condition but don’t identify it, and
federal officials and the New Mexico Corrections Department would not comment.
Prosecutors have said they’re concerned that McCluskey could be exaggerating
the effects of the disease to avoid trial, but one of the defendant’s doctors
said tests could determine the severity of it.
McCluskey has made no secret of his desire to steer clear of a trial and the
death penalty. He recently agreed to plea negotiations, but federal prosecutors
said they’re intent on moving toward trial.
“There is truly no middle ground in this case,” the prosecution said.
McCluskey’s attorneys asked Herrera on Tuesday to schedule mediation, saying
the parties owe it to the court to attempt an early resolution.
McCluskey is one of three people who authorities say escaped from a
medium-security prison near Kingman in July 2010 with the help of an accomplice
and went on a multi-state crime spree. He was one of three people charged in the
deaths of Gary and Linda Haas of Tecumseh, Okla., whose remains were found in a
burned-out camping trailer at an eastern New Mexico ranch.
Tracy Province and Cassyln Welch have pleaded guilty in the murder case.
Authorities say Welch helped the three men escape from prison.
McCluskey has fought to exclude witness testimony, government and prison gang
experts, ballistics testing and fingerprint evidence from his trial. A March
hearing is set on defense motions to keep out testimony from the medical
investigator and DNA evidence.
Herrera called McCluskey’s arguments to stop prosecutors from seeking the death
penalty “fascinating and creative” but ultimately unpersuasive. McCluskey has
said he would plead guilty in exchange for a sentence of less than death.
McCluskey also plans to file a petition for a new trial in Mohave County, where
he was convicted on state charges of escape, armed robbery, aggravated assault
and weapons misconduct, claiming the attorneys who represented him during trial
and on appeal were ineffective. He was sentenced to 43 years.
Neither McCluskey’s attorney in the Arizona case nor his attorneys in the
federal case in New Mexico returned messages seeking comment on his medical
Court documents indicate McCluskey has been ill since late September or early
October. His attorneys say it could take several months to stabilize him with
medication that generally works well but could have serious side effects. They
noted that he is improving under medical care.
New Mexico corrections representative Joe Booker Jr. told Albuquerque, N.M.,
television station KOAT earlier this month that McCluskey’s health has required
him to be transported to a hospital.