Nevada County Picayune and Gurdon Times Newspaper Archive

Change of Venue Back To County Denied For Dansby

Joe Louis Dansby's murder trial will not be held in Nevada County.

Dansby is being tried for the May 16, 1992, murder of Jeff Lewis, 24, and the murder and rape of Malissa Clark, 21.

This decision was reached by 8th Judicial Circuit Judge Joe Griffin Wednesday, March 19. Instead, the capital murder trial be held in the Miller County courthouse in Texarkana, Ark.

Dansby's attorney's, Gene Bramblett and Jamie Pratt, argued vehemently to get the trial changed back to Prescott, while the state said Dansby himself made the request to have it moved to Texarkana.

Two other matters were also addressed at this pre-trial hearing, with Griffin deciding on one, but leaving the other up in the air for the time being.

Griffin said four spent .22 shell casings would be allowed in evidence, though the defense wanted them suppressed.

But, the judge said he may call a special hearing to decide how the state can present its expert witnesses for the DNA evidence.

The day, though, started with Bramblett arguing the current attorneys should not be held accountable for what Dansby's prior lawyer, court appointed barrister Gene Hale, did, when the venue was moved from Prescott to Texarkana.

He said the motion was made orally, with the state offering no resistance. "He was relying on the advice given by Hale," Bramblett said.

The Pratt firm, of Camden, was retained after the change of venue had been granted, with Bramblett and Pratt discussing the matter extensively with their client.

He argued it was strategically important for them to have the trial in Nevada County, where, it is their opinion, Dansby can get a fair trial.

The attorney argued this is where the witnesses live, where the family of the victims live, where the evidence was discovered and where Dansby lives.

Under Article 2, Section 10 of the Arkansas Constitution, he continued, Dansby has the right to be tried in his home county. This right is not superseded by laws passed by the General Assembly, he said.

The Arkansas Legislature did pass a law stating only one change of venue could be granted, but Bramblett argued this law doesn't take precedence over the state constitution.

He said there were two cases, each capital murder trials, where venue was changed a second time.

In Ford v Wilson, he said the case was changed from Crittenden to Mississippi County after the supreme court overturned a conviction in the former county.

The defendant in the case, asked the new trial be held in Mississippi County, as he had already been found guilty once in Crittenden County, and felt he couldn't get a fair trail there.

The court agreed, and allowed venue to be changed in the case.

The other case, Ronning v Arkansas, the trial was actually moved to a third county.

According to Bramblett, the defendant in this case was arrested in Randolph County, though the body was found in Craighead County, where the information was developed and charges made.

But, in this case, the venue was moved to Crittenden County, where the trial was actually held.

Bramblett cited these two cases, along with the constitution, as reasons Dansby's trial should be moved back to Nevada County.

Brent Haltom, 8th Judicial District Prosecuting Attorney, said the state agreed with Bramblett's findings with these cases. However, he said, Dansby himself made the request and specifically asked for the trial to be held in Texarkana.

At the time, Haltom said, both sides felt he couldn't get a fair trial in Nevada County.

The law, he stated, is clear, and venue can only be changed once. Haltom also said the law passed by the legislature has been upheld in many other cases.

"Nevada County has been shown not to be the proper venue," he said, "and the trial shouldn't be held here.

"This case could have been in Hempstead, Lafayette or Miller counties, and the defendant chose Miller County."

Haltom asked the court to stand by its original ruling and have the case tried in Miller County.

Bramblett responded saying this is an important issue because of the constitution. Other cases, he said, were not addressed by the Arkansas Supreme Court, but have had the law passed by the assembly cited. This, he said, allows the law to take precedence over constitutionally guaranteed rights.

Where the trial is held, Bramblett argued, is vital because Dansby is facing the death penalty as a possible sentence if he's found guilty.

Because of this, he said, the trial should be moved again, but added the defense was not seeking any further delays and would be ready to begin on April 7 as scheduled.

Griffin pondered the matter, weighing the arguments made by both the state and defense.

Before rendering his decision to keep the trial in Miller County, he said he realized the current counsel was not on board when the venue was changed on July 11, 1996.

And, he said, while counsel correctly stated statutory law, it neglected to include the issues brought about in the Lockhart case.

However, the judge said, no evidence was presented showing Dansby could not get a fair and impartial trial in Miller County, nor was evidence presented showing there would be prejudice against the defendant in Miller County.

Because of this, he concluded, the trial will begin April 7 in the Miller County Courthouse.

Briefly, the defense argued on the issue of the constitutionality of the death penalty.

Pratt said Arkansas statute overlapped language in its definition of murder in the first degree and capital murder, which makes the death penalty unconstitutional. He asked the court for a ruling on the issue simply so it would be on the record.

As he pointed out, they are not the first attorneys to raise this question, and, in fact, it has become almost a ritual for defense counsel to raise this issue.

This, Pratt said, is done in case there are changes in the law at some point in the future.

Haltom, being even more concise with his words, said the state stands on the courts earlier rulings as cited and ruled on by the ASC.

Griffin said it would be more appropriate to discuss this matter at the trial with the jury during the penalty phase should Dansby be found guilty. If he's found innocent, it is a moot point.

Then the fun began, the defense started arguing for four spent .22 shell hulls to be suppressed as evidence.

In doing this, Bramblett called former Nevada County Sheriff Abb Morman, current Chief Deputy Wayne Kisselburg and former NCSO deputy Hebbert Sorrells to the stand.

These three officers were on the scene when the casings were found by Morman after they had gone to Dansby's house to pick him up and have blood drawn for DNA testing.

Bramblett asked the witnesses be separated so they couldn't hear each other's testimony, with the court's blessing.

According to records, these officers went to Da