Nevada County Picayune and Gurdon Times Newspaper Archive

Murder Trial Nears

Joe Louis Dansby Accused Of Murdering Couple In 1992

Attorney Gene Hale Anticipates Jury Selection

To Take Full Week

Joe Louis Dansby's murder trial is scheduled to get underway Monday, July 22 in the Nevada County Courthouse.

Dansby had the right to seek a change of venue, but asked the court to hold his trial in Nevada County.

He has been accused of killing Jeff Lewis and Malissa Clark on or about May 16, 1992.

Before the case ever goes to trial, Dansby's court appointed attorney, Gene Hale, has filed more than 50 motions on his client's behalf.

The first series of motions, more than 40, were filed in mid-December 1995. The most recent spate, nine in February and four in June, have brought the total to more than 50.

While many of the motions are standard for a capital murder trial, such as stating the death penalty is unconstitutional, most aren't.

In fact, two of the recent motions involved the state turning over some of its evidence to the defense, and the right to have independent DNA testing.

Hale requested the right for independent DNA testing recently after two other similar tests were less than conclusive. The first test was done in 1993 and resubmitted to the Federal Bureau of Investigation in 1994.

The first test was inconclusive and the second showed a faint possibility there could be match with Dansby.

Because of the discrepancies, Hale requested, and received, the right to have his client given a third DNA test.

According to the motion, Hale said his client is entitled to all DNA, blood, semen and fluid samples taken from the victims, and all DNA data for independent examination.

Additionally, the motion sought copies of the case folders including, but not limited to, all chain of custody documents, all laboratory notes, all sizing information (where relevant), all hybridization information, statistical calculations and worksheets and good quality photographs, along with computer images and/or first generation film copies of primary data.

This film data includes autoradiographs, dot blots, slot blots, silver-stain gels, and other such tests.

All analytical results must be properly labeled as to the probe used and the date of their analysis.

Originally, samples and tissue taken were sent to the Arkansas State Crime Lab in Little Rock, the FBI and to Cellmark Diagnostics Lab in Germantown, MD.

Authorities also have in their custody a .22 caliber Marlin rifle which has been alleged to be the murder weapon.

Hale filed a motion (which was granted) for this rifle, bullets, lead, shell casings and cartridge casings.

Under the motion, Hale said Dansby is entitled to these articles for examination by the defense experts.

Law enforcement officials also took bicycles, bicycle chains and cables at the time of the murder and before the actual arrest was made.

Hale's motion sought, and was approved, examination of these items by an independent expert as well.

Hale said jury selection, which is scheduled to begin at 9 a.m. July 22, could take as long as a week to complete.

There are 158 possible jurors for this case. Of these people, 12 will be selected to be the main jury body, while Hale said there will be at least four alternates.

"We're going to ask them a lot of questions," he said of the potential jurors. The first and foremost will be whether or not they will serve on a death qualified jury. The state is seeking the death penalty in this case.

The state, being represented by 8th Judicial District Prosecuting Attorney Brent Haltom and his deputy prosecutor Danny Rodgers, will have 10 preemptory challenges for the jury pool. Hale will have 12 such challenges.

When one side or the other challenges a potential juror, this person will not be allowed to sit on the jury and will then be excused.

However, there are several reasons a person could be exempt from being on the jury without a challenge being issued.

A person's health could keep them from serving, as could a firm stand opposing the death penalty. Those with preconceived ideas concerning the case will most likely be dismissed, along with some who's religious beliefs are in conflict with the death penalty. If anyone in the jury pool is a close relative of someone involved in the case, they could be dismissed, and those convicted of felonies will be excused from jury duty.

Hale said each potential juror will be questioned individually and in private, away from the other's in the pool.

At this time, it is not known whether or not the jury will be sequestered once the trial begins.

In addition, the state will try Dansby for both murders at one time, instead of having separate trials for Lewis and Clark.

During the December hearing, 8th Judicial District Circuit Judge Joe Griffin, agreed the proceedings could be recorded and possibly videotaped.

However, the official record of the trial will come from the court reporter, and not the tapes or video.

Dansby was brought back to Prescott from Altus, Okla. on Aug. 10, 1995, and officially charged with the deaths of Lewis and Clark.

At this time, the suspect was taken before Griffin for his first appearance and informed of the charges. These were the murder and rape of Clark and the murder of Lewis. He was also told if found guilty he could be put to death.

Capital murder is a class Y felony, punishable by life imprisonment without the possibility of parole, or death.

Lewis, 24, and Clark, 21, were engaged to be married at the time of their deaths. Their bodies were found around 7:30 p.m. Sunday, May 16, 1992. Each had apparently be shot more than once with what appeared to be a small caliber weapon.

The two had told family members they were going to ride Lewis' all-terrain vehicle (ATV) Saturday afternoon. When they didn't return home Saturday night, their families got worried.

The search for the pair was initiated by former chief deputy with the Nevada County Sheriff's Office Harley Hillery, who was also Clark's stepfather.

As word about the missing duo got out, more and more people joined the search. At one point, more than 100 people were involved, combing the woods in search of the young couple.

The first break came when traces of blood were found on a pair of gym shorts belonging to Lewis in an area known as Lackland Springs. Blood was also found on the ground in the area.

Former Nevada County Sheriff Abb Morman sent Lamar Barham, a Cale resident, to an area Barham knew well. This is where Lewis' pickup was found.

Barham called for help once he located the truck.

Clark's body was found nearby, while Lewis' was found in the bed of the truck.

Evidence showed the two had been shot in one place and they had been moved to another, where they were left.

About a year later, acting on a tip from an informant, Morman and his deputies found a .22 caliber rifle in a gravel pit in about 12 feet of water near the Prescott Raceway on Highway 53. Divers found the weapon, which was sent to the crime lab for ballistics tests.

These tests were inconclusive, and the weapon was sent to Canada for further testing.

In mid-July 1995, officials were notified Dansby was in Altus, where he had been arrested by the Altus Police Department in connection with the Lewis and Clark case.

Dansby has maintained his innocence throughout this case, according to Hale, who has entered a not guilty plea for his client.