Will a father and son accused of murder have separate trials?


by Gene Kang


Posted on March 8, 2013 at 2:31 PM

Updated Friday, Mar 8 at 2:49 PM

LOUISVILLE, Ky. (WHAS11) -- Revealing phone calls were played in court Friday. Attorneys want Josh Gouker and Josh Young to have different jury trials.

Josh Gouker and his teenage son, Josh Young, sat near each other but were worlds apart in a Judicial Center courtroom.

Both are accused of killing Gouker's stepson, 14-year-old Trey Zwicker, with a baseball bat.
The teen's body was found behind Liberty High School.

Gouker's request to extend the trial date beyond April 15 was denied.

Their lawyers argued in a heated debate for separate and fair jury trials.

Young's lawyer played phone calls between a Louisville homicide detective, Gouker and three of his friends after his arrest in Alabama. One of Gouker's friends blamed Young for the murder.
The whole time, Gouker was smiling.

Gouker said on the phone: "Listen to me your loyalty lies with me right?"
Woman: "Yes."
Gouker: "Who killed Trey?"
Woman: "You did it right?"
Gouker: "No tell the truth."

"He has manipulated the system so we have to show how powerful man he is. He used violence and sex and drugs to control people that are a lot weaker than he is," Pete Schuler, Josh Young's attorney said.

"That doesn't lead to the proposition that we have to have separate trials," Prosecutor Elizabeth Jones Brown said.

Another hearing is set for March 22 and a decision on whether to have separate trials should be released by then.