Nevada County Picayune and Gurdon Times Newspaper Archive

Change of Venue Back To County Denied For Dansby (cont)

nsby's house with a warrant to pick him up for the blood tests on Oct. 19, 1993, but had no search warrant for the premises.

In fact, in July 1993, a warrant to search the grounds had been executed, with nothing being found.

It was pointed out Dansby's residence is at the edge of a gravel mining operation, where people, including Dansby, go to shoot weapons.

Bramblett argued these officers had no right to search the grounds for these shells at the time, and the casings should not be allowed into evidence.

Morman was called to the stand first, going over the basics of why the officers had gone to Dansby's in the first place, with Haltom.

Morman said Dansby was not home when they arrived. He and Sorrells went to the rear of the residence, while Kisselburg knocked on the front door.

After determining no one was home, he said, they "sat around" waiting when he saw a .22 hull between on a brick doorstep and picked it up.

The three then walked around looking for others, with Morman finding three. Sorrells and Kisselburg did not find any casings.

Morman told the court they knew Lewis and Clark had been killed with a .22 caliber weapon. He also said Dansby was a suspect at this time, so the shell casings were important to the case.

This, he said, was the kind of evidence officers had been looking for.

Bramblett, on cross examination, asked Morman if, on Aug. 27, 93, troopers with the Arkansas State Police and NCSO hadn't returned a .22 caliber Savage rifle to Dansby.

Morman said he couldn't recall the details.

Also at this time, Bramblett said, Dansby's yard was searched by officers under a warrant. The officers, he said, used yard rakes and other lawn cleaning equipment to search for .22 shells but found nothing.

Additionally, he said, Dansby pointed out he had done some shooting in the gravel pit, directing officers to search there as well, with nothing being found.

Bramblett then questioned Morman on the details of his being there on Oct. 19, 1993, getting the same response the former sheriff gave the state.

However, Morman said they waited around about 30 minutes for Dansby to come home, and "looked around."

When the first hull was found, he said, they searched and found the other three.

Bramblett asked how these pieces of evidence were handled.

Morman told the court he handed the casings over to Kisselburg, who put them in a plastic film container. They were later given to ASP investigator Jack Usery.

He said the casings were not tagged as to where they were found, nor did he write a report on their being discovered. The container, he said, was tagged with evidence tape.

After the casings were given to Usery, they were returned to Morman, who turned them over to the Arkansas Crime Lab.

Bramblett said under rule 15.4 of the criminal rules of procedure, an officer shall report, in writing, the fact of a seizure, as soon as possible.

This, he told the court was not done at the time the evidence was found. In fact, he said, the only thing in writing about those shell casings was done July 7, 1996, by ASP Criminal Investigator Lt. Mike Fletcher. He said the rules were not followed and the evidence should not be admitted.

Haltom said this issue was not relevant because if the rules were violated it was done in '93.

Griffin agreed asking what a report written in 1996 had to do with evidence found in 1993.

Bramblett said it was the only thing in writing giving an account of what happened in '93.

Morman, he continued, should have made a report to the court on the search detailing what was seized. Because this wasn't done, those shell casings should not be allowed as evidence, he argued.

The defense also questioned Kisselburg and Sorrells along the same lines, getting similar testimony from each.

Kisselburg said he was at the front of the house and knew nothing of the shell casings being found until Morman gave them to him for safe keeping.

He testified as to writing a report on the incident of the findings, stating it should be in the case files.

Sorrells, currently a sergeant with the Hope Police Department, echoed much of Morman's testimony, saying he witnessed the ex-sheriff find the first casing, but did not see him pick up the other three because he was looking for spent hulls himself.

Haltom said the casings should remain in evidence because they were found under the "plain view" doctrine.

The officers, he said, were on the property legally with a seizure warrant for Dansby. The first casing was inadvertently discovered and its incriminatory nature was apparent to the officers because two victims had been murdered with a .22 caliber weapon.

While the items were found in plain view, he said, they could have easily been missed during the earlier search.

Griffin concurred with Haltom's argument, saying the officers were on the property with just cause, and the criteria for the plain view doctrine had been met.

Because of this, he allowed the casings to remain as evidence for the state.

He said because no suspect had been arrested, the court couldn't be notified as to the casings being found, and there was no case file in existence.

Then came the topic of DNA testing. Pratt argued taking blood from Dansby was a violation of rule 18, the 4th Amendment to the U.S. Constitution, the 5th Amendment and the 6th Amendment.

The Fourth Amendment deals with illegal search and seizure, while the Fifth protects people from self-incrimination. The Sixth Amendment gives people the right to counsel.

Pratt also stated the court must hold a preliminary inquiry to determine if the results of the DNA testing is admissable as evidence and the expert witnesses properly performed the tests using a reliable method to create the DNA profile.

Haltom said he had no problem with any of these arguments.

With that, Pratt recalled Morman to the stand.

Previously, Morman, Kisselburg and Sorrells had testified Dansby was not home when they went to pick him up on a seizure warrant for blood testing.

All three told the court he was found at his brother's home nearby, as they were returning to Prescott.

Morman, under questioning, said he had not been present at the time 8th Judicial District Circuit-Chancery Judge Jim Gunter signed the warrant, presenting it to former ASP Trooper Finis Duval.

He said Duval did not accompany the officers when the warrant was served, though he did meet them at Dr. Young's office when they returned with Dansby.

Morman informed the court the officers had little choice as to where the blood work was done, as there were few doctors in Prescott at the time, and Dr. Young had done such work in the past.

Dansby, he said, was cooperative, saying nothing and not resisting when he was picked up and placed in the back seat of the patrol car.

Pratt asked i