Trial of brothers accused in 2008 slaying postponed

The trial for two brothers, who are accused of murder in the killing of Whitley County man nearly one year ago, has been postponed.

James Allen Anderson, 33, and James W. Anderson, 34, were scheduled to stand trial last Wednesday in Whitley Circuit Court on charges of murder and criminal complicity to commit murder in the death Larry D. Jones, who was found dead laying in a ditch beside Cane Gap Road about 1:30 a.m. on June 20.

Judge Paul Braden agreed to continue the trial after James A. Anderson’s attorney asked for a continuance.

Commonwealth’s Attorney Allen Trimble said that he didn’t oppose the motion because Anderson’s lawyer, James Wren II, is in the naval reserve and had been called to active duty a few weeks ago.

"He is involved in the Pacific theater for the navy and works in the intelligence section. Since they have been having some trouble with North Korea, he has been called to active duty as a result of that," Trimble said. "He obviously was not able to prepare for the case."

Braden scheduled a new trial date for Nov. 23.

The case made headlines numerous times last year with six other people related to the two brothers being charged as accessories after the fact.

John Anderson had also been scheduled to stand trial last Wednesday for criminal facilitation to commit murder, but instead pleaded guilty to a reduced charge of second-degree hindering prosecution.

In exchange for the guilty plea, prosecutors recommended a 12-month jail sentence that Judge Paul Braden agreed to conditionally discharge for two years.

"The reason we did that is that John Anderson and his wife, Valerie, have been tremendously beneficial to us in this case," Trimble said. "They have given us information, which has been tremendously helpful to police investigating this case."
He added that both have agreed to testify at trial.

"They gave all this testimony before we had any deal whatsoever. I believe that someone who comes forward like that and is forthright and cooperative deserves consideration on their crime," Trimble said.

He said that John Anderson’s sole role in the case was driving his two brothers to Ohio the day after they had allegedly shot Jones.

Three other family members entered guilty pleas last month and charges were dismissed against a fourth family member.

Tammy Marie Podsaid, 42, Gloria Perry, 62, and Larry Perry, 57, all entered guilty pleas on May 19 to tampering with physical evidence charges in exchange for prosecutors dismissing criminal facilitation to commit murder charges against the trio.
Prosecutors recommended that three-year prison sentences in each case be probated for three years. Under the terms of the plea deal, Larry Perry and Podsaid will be required to serve 120 days in jail.

Prosecutors also agreed to dismiss facilitation to commit murder and tampering with physical evidence charges against James Lee Podsaid, 38, who is charged in connection with the case. James Lee Podsaid is the husband of Tammy Podsaid.

Criminal facilitation to commit murder charges are still pending against Jason A. Anderson, 32, who was allegedly "aiding James A. Anderson and/or James W. Anderson in the murder of Larry D. Jones," according to his indictments.

He allegedly helped James A. and James W. after the shooting occurred.

On Sept. 24, police recovered the gun believed to have been used in the shooting in the Cumberland River near the Louden Bridge. The weapon was recovered a short distance away from James W. Anderson’s trailer.

It has been sent for ballistics testing at the Kentucky State Police Crime Lab.

Gloria Perry is the mother of James W. Anderson and Jason Anderson, and Larry Perry is her husband.

According to their indictment, Larry Perry disposed of the .22 rifle allegedly used in Jones’ killing and Gloria Perry disposed of the shirt that James W. Anderson wore the night Jones was killed.

According to her indictment, Tammy Podsaid, who is the sister of James W. and James A. Anderson, allegedly disposed of a shirt that Jones had worn the night he was killed.

James Allen and James W. Anderson are the only ones charged with murder in the slaying. The remainder of the defendants are accused of assisting them after the crime.

James W. Anderson claims that he was knocked unconscious during a struggle over the .22 rifle used to kill Jones and only came to when he heard the gun shots.

James A. Anderson claims that he shot Jones in self-defense during the struggle over the gun.

Prosecutors contend that the shooting was anything by self-defense with the victim shot three times in the head, including two shots from close range with a bolt-action rifle.