Nevada County Picayune and Gurdon Times Newspaper Archive

Double Murder Trial Date Set

A new trial date has been set in the double murder trial of Joe Louis Dansby.

According to court records, the trial is scheduled for Sept. 23 through Oct. 11 in the Miller County Courthouse for the murders of Jeff Lewis and Malissa Clark, along with the rape of Clark.

Dansby's court-appointed attorney Gene Hale had asked the court for more time on July 10 as the original July 22 trial date neared. At the same time, he verbally requested a change of venue for his client, at Dansby's request.

Both were granted by Eighth Judicial District Judge Joe Griffin.

An interesting item in the case sees CellMark Labs performing DNA testing on Dansby. This is the same lab used by attorneys in the O.J. Simpson double murder trial last year.

A rumor has been circulating stating Hale is not qualified to be lead counsel in a capital murder case. However, Hale said he is not certified with the Public Defender's Commission, but isn't working for them, so it doesn't matter.

Hale was retained as Dansby's counsel by Nevada County and the Nevada County Judge. He is qualified to try capital cases by the Arkansas Bar Association, and has handled other such cases.

Basically, Hale has a contract with Nevada County to handle cases for indigent clients.

Speaking for the state, Eighth Judicial District Deputy Prosecuting Attorney Danny Rodgers said when the court granted a continuance in the case, there was no problem on the state's behalf with a change of venue, though Hale and Dansby had plenty of time to file for a change in February.

Both attorneys agree this could shorten the trial somewhat. In Miller County there is a larger jury pool to select from, whereas the Nevada County pool only had 158 potential jurors to choose from.

Because of this, a jury could be empaneled in as little as two days. Both sides were expecting jury selection to take at least a week if the trial were held in Nevada County.

Additionally, those jurors and alternates picked won't be as familiar with the case as would those in Nevada or Hempstead county.

According to Rodgers, this means Dansby could get a fairer trial. "We want the case tried on its merits," he said, "and would rather not have the outcome decided by who did the best job of picking the jury."

While the jury is being chosen, the state will have 10 preemptory challenges to disqualify potential jurors. The defense, though, will have 12 such challenges.

The state, in this case, is seeking the death penalty, and, therefore, a death qualified jury. This could eliminate any potential juror who opposes the death penalty.

Both sides agreed the potential panelists will be questioned in private, so as not to contaminate the entire jury pool, and allow others to hear the questioning ahead of time.

Each side also expresses confidence in coming out on top in the case.

Rodgers said the state wouldn't have bothered to go to trial if it felt the evidence available wasn't enough for a conviction.

On the other hand, Hale has agreed with his client's plea of innocence, and believes he can win the case, thereby getting Dansby acquitted.

Dansby is being tried for the May 16 murders of Lewis, 24, and Clark, 21.

The couple were engaged to be married at the time of their brutal murder, which was committed in a remote rural part of Southeastern Nevada County, near the Upchurch community, where Dansby lived at the time.

According to court records, the two were shot several times with a .22 caliber weapon.

Earlier in the day, the two had told their families they were going to ride Lewis' all-terrain vehicle, leaving their homes for the last time on the afternoon of May 16, 1992.

When they didn't return home that night, their families became worried.

Sunday morning dawned with the couple still missing. Clark's stepfather, Harley Hillery, who was chief deputy with the Nevada County Sheriff's Office at the time, began a search for the pair.

Word spread the two were missing and the search grew to more than 100 people at one time.

The first clue in the case camewhen a small amount of blood was found in an area known as Lackland Springs, which is near the Upchurch Community.

Court records show Lewis' checkbook sunglasses and gym shorts were found at this location, along with a pair of pink ladies panties and four spent .22 shells.

Further investigation led to the discovery of Lewis and Clark's bodies. Former Sheriff Abb Morman, after the first evidence was found, sent Lamar Barham to an area Barham was familiar with, on land owned by the Potlatch Timber Co. off county road 22.

It was at this location the bodies of Lewis and Clark were found.

Lewis' 1984 Chevrolet 4x4 pickup was at the second scene, where he had hit a stump and tree. Glass from the driver's side mirror littered the ground nearby.

His body was found wedged in the truck bed between the bed wall and the ATV. Clark's nude body was found on the ground nearby at the back of the truck.

Both had been shot several times with a .22 caliber weapon, records show.

About a year later, acting on a tip from an informant, Morman and his deputies located a .22 caliber rifle in a bar pit pond off Highway 53 near the Prescott Raceway.

Ownership of the weapon was traced back to Dansby. Court records show the serial number on the rifle matched one sold to Dansby at a Wal-Mart in Arkadelphia about four years prior to the murders.

However, Dansby never actually bought the rifle. It was originally purchased by his wife, Betty, who signed his name to the documents.

During interviews, Dansby twice denied ever owning a .22 rifle.

In addition, at the time of the murders, a bicycle was stolen from the residence of Wilma Page, who lives near the area where the bodies were found.

Bicycle tracks were found on county road 290 from Highway 299 up to CR 290 and the Upchurch Community.

On Dec. 31, 1993, another informant called Hillery, telling him Dansby had ridden a bicycle from his home to the airport and hid it. The bike was later recovered by Hillery. It also matched the one taken from the Page home.

Authorities were notified of Dansby living in Altus, Okla. in mid-July 1995, and had been arrested by the Altus Police Department in connection with the Lewis and Clark murders.

Dansby fought extradition back to Arkansas, but was returned to the state by court order on Aug. 10, 1995.

Upon being returned to Nevada County, Dansby was formally charged in the Clark and Lewis murder, along with one count of rape.

In Arkansas, murder is a class Y felony, punishable life in prison without the possibility of parole or death.

After hearing the argument from both sides, the jury will be left to deliberate Dansby's fate.