A Redmond teenage couple, both 17, are accused of trying to kill the boy’s mother. But the attorney representing Reyanne West, who is accused of attempting to kill her boyfriend’s mom, has asked that the teens have separate trials.

During a court hearing Monday, Deschutes County Circuit Presiding Judge Alta Brady didn’t make a decision on whether to grant the attorney’s request for separate trials. Right now, West and Dakota Ortwein, both 17, are being tried together, but attorney Katherine Kahl argued that could violate their constitutional rights.

Both teens are accused of attempting to kill Ortwein’s mother, Shasta, on May 19, according to court records.

They are charged with attempted murder, criminal conspiracy, second-degree assault and unlawful use of a weapon. They are being held at the Deschutes County Juvenile Detection Facility.

The teens planned to kill Shasta Ortwein and then burn the house down with her body inside, according to the Deschutes County District Attorney’s Office. Ortwein reportedly sprayed his mother with pepper spray and tried to beat her with a baseball bat, but she was able to wrestle the bat away and call 911, according to a news release.

On Monday, West’s attorney said there are two problems with prosecuting the teens together. Right now, the trial is set for Sept. 27, and West has yet to be evaluated by an expert witness, she said. Because Ortwein is ready for the trial, delaying it so Kahl can prepare her client’s defense could take away from his constitutional right to a speedy trial, said Kahl.

Also, although prosecutors allege that she conspired with Ortwein through text message, it’s unclear whether West’s cellphone records will be used as evidence, according to court documents filed by Kahl.

But without knowing whether the phone records will be used at trial, Kahl says she isn’t able to file the specific documents she intends to. That could require the trial date to be pushed back, she said.

“We have very important pretrial motions that wouldn’t be able to be filed in time for the set trial date,” Kahl said.

There could also be a problem with a video recording that shows police questioning Ortwein, in which he describes West’s involvement in the May 19 incident, Kahl said. If the jury sees the video and Kahl isn’t able to cross-examine Ortwein, it would be unfair to West, according to Kahl’s request.

But Brandi Shroyer, deputy district attorney, says Ortwein’s interrogation video could be redacted to take out the part that incriminated West if it’s shown at the joint trial. Plus, Kahl could have filed motions already — including one saying West’s confession was coerced — without seeing the phone records, but she hasn’t yet, according to court documents filed by Shroyer.

“There is not a sufficient showing that it would be clearly inappropriate for these cases to remain joined,” Shroyer said in the court document. “It is in the victim’s interest to only have to recount the details of what happened to her one time.”

The teens will be tried as adults because the charges against them fall under the umbrella of Oregon’s Ballot Measure 11, which was approved by voters in 1994 and outlines mandatory sentencing minimums for specific crimes. The measure also requires that juveniles 15 and older are to be tried as adults when charged with those specific crimes.

— Reporter: 541-633-2160, mriker@bendbulletin.com