Nevada County Picayune and Gurdon Times Newspaper Archive

Delay, Move Granted In Dansby's Murder Trial

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

His court-appointed attorney, Gene Hale, filed a motion for continuance Wednesday, July 10, along with five other motions for the court to decide.

Along with asking for the trial to be continued, Hale asked the court to grant a change of venue.

By telling the court the defendant would have incompetent counsel if the trial is not continued, Hale was able to delay the start of the trial.

Dansby's case was to begin Monday, July 22. Now, the trial could start in either mid or late September, according to 8th Judicial District Deputy Prosecuting Attorney Danny Rodgers.

Rodgers said the defense had the opportunity to seek a change of venue in February, but was, at the time, committed to try the case in Nevada County.

Now, the case will be tried in Miller County.

Rodgers said when the continuance was granted, the state had no problem with the change of venue.

However, he said this could shorten the trial somewhat. In Miller County there will be a larger jury pool for the two sides to choose from. In Nevada County, the jury pool consisted of 158 residents.

Rodgers said when a new trial date is set, jury selection could be done in as little as two days, instead of the week or more both sides expected in Nevada County.

In addition, he said those selected as jurors and alternates won't be as familiar with the case as a local jury would have been. This, Rodgers said, means Dansby could get a more fair trial.

"We want the case tried on its merits," Rodgers said, "and would rather not have the outcome decided by who did the best job or picking the jury."

Other motions filed by the defense included getting a list of witnesses the state plans on calling. This motion was granted.

A motion to produce overriding evidence, though, was denied by the court.

The motion to suppress evidence and for more funding for the defense's private investigator will be heard at a later date.

When picking the jury, the state will have 10 preemptory challenges, while the defense will have 12 such challenges.

The state is seeking a death-qualified jury, which could eliminate those who oppose the death penalty.

Each potential juror will be questioned in private, so as not to contaminate the entire pool and allow others to hear the questions ahead of time.

Both sides express confidence in winning the case. Rodgers said the state wouldn't have bothered to go to trial if the evidence to prosecute successfully wasn't there.

From the beginning, Hale has agreed with his client's plea of innocence, and believes he can win the case, getting Dansby acquitted.

The entire case stems from the murders of Jeff Lewis, 24, and Malissa Clark, 21.

This young couple was engaged to be married at the time they were brutally murdered on May 16, 1992.

The murders were committed in a remote part of Southeastern Nevada County near the Upchurch Community, where Dansby lived at the time.

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

At the time of their deaths, Lewis and Clark had told members of their families they were going to ride his four-wheel all-terrain vehicle.

They left their homes on Saturday afternoon, May 16, 1992, and never returned.

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

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

Word of the missing couple spread, drawing more and more people into the search. At one point, more than 100 people were combing the woods and backroads searching for them.

The first clue in the case came when a small amount of blood was found in an area known as Lackland Springs.

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

Further investigation led to the couples' bodies being found. Former Sheriff Abb Morman, after the shorts, panties and shells had been found, sent Lamar Barham to an area Barham knew well.

It was in this area where Lewis and Clark's bodies were found.

His 1986 Chevy 4x4 was at the second scene, where it had hit a stump and tree. Glass from the driver's side mirror littered the ground nearby.

This area was off county road 22 on Potlatch Timer Co. land.

Lewis' body was found wedged in the bed of the truck between the truck wall and ATV. Clark's nude body was found on the ground 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. The ownership of this weapon was traced back to Dansby.

Court records show the serial number of the rifle matched one purchased at a Wal-Mart in Arkadelphia about four years earlier.

When interviewed, Dansby twice denied ever owning a .22 rifle.

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

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

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

In mid-July 1995, authorities were notified Dansby was living in Altus, Okla. and had been arrested by the Altus Police in connection with the Lewis and Clark case.

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

Once being returned to Nevada County, Dansby was officially charged with the murders of Lewis and Clark, and the rape of Clark.

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

Throughout the case, however, Dansby has maintained his innocence.

The state, though, believes otherwise and has asked for a death-qualified jury in the event of a guilty verdict.

But the trial will be delayed at least eight weeks because of the defense's requests.

Hale informed the court Thursday, July 11, he needed additional time for himself and the investigator, along with time for independent testing on DNA and blood samples, along with the rifle, bullets and cartridge cases, and bicycle and its component parts.

Hale's motion also requested the time so the inv