A progress report was heard on the status of resentencing hearings for three defendants Thursday during Columbia County Circuit Court-Criminal Division. All three cases were continued to April 20 for review.
There are four cases in the 13th Judicial District that have been remanded to the Circuit Court in Columbia and Ouachita Counties for a resentencing trial or hearing following a Supreme Court decision that ruled the sentencing of juveniles to life in prison without parole was unconstitutional.
William Edward Davis, Matthew Ryan Elliott, Steven Wade Miller, and Richard Hill Jr. were convicted of capital murder as juveniles and are serving life sentences in prison without parole. The four appeared in court July 21, 2016, in Columbia County before Circuit Judge David W. Talley Jr. Hearings for Miller, Davis, and Elliott were continued to January 2017 in Columbia County, and a hearing was set for Hill in Ouachita County.
Elliott and Davis are both serving sentences of life without parole in the Arkansas Department of Corrections for their role in the Feb. 5, 2000, murder of 15-year-old Brittni Pater of the Kilgore Lodge community near Magnolia. Elliott was 16 and Davis was 17 at the time the crime was committed.
•Davis appeared before the judge accompanied by his attorney, Robert Jeffrey, from the public defender’s office.
Deputy Prosecutor Jeffrey Rogers of El Dorado told the court the state has copies of the Arkansas State Police and Columbia County Sheriff’s Office case files, along with the Arkansas Supreme Court records. They are still looking for the prosecutor’s file. “We have been in discussion with Mr. Jeffrey with a potential resolution to this case. We have not reached an agreement at this point,” Rogers said.
Jeffrey stated he has just received some of the discovery material, and has not had a chance to review it. “I know this is scheduled for trial in March; I am not sure we can be ready in March,” he said. “We are in discussion with the state about a resolution but are not ready to proceed with that.”
Rogers is to draft an order, to be presented to Judge Talley, authorizing a former court reporter to turn over tapes and records to the sheriff’s office.
This case was continued to April 20.
•Elliott appeared with Little Rock attorneys Blake Hendrix and Annie Depper.
In this case, Rogers reported the state has provided discovery to the defense, and is still looking for the prosecutor’s case file. He said ASP and CCSO files have been provided to the defense. He said a former court reporter has possession of a few items, and he will draft an order authorizing her to turn over tapes and records to the sheriff’s office, to insure the chain of custody remains intact. He said that Hendrix has presented an order to release ADC records.
Rogers noted a trial date is scheduled for March, adding “I don’t think we are in a position on either side to try this case in March.”
“Mr. Rogers is absolutely right,” Hendrix said. “I have not had time to digest it.” Hendrix said he had talked with Elliott, and requested another status report be set for April 20.
Judge Talley is to prepare a new scheduling order.
•Steven Wade Miller ‘s case was also continued to April 20. Miller, age 16 at the time of the crime, was convicted of the murder of Leona Cameron on March 4, 1994 during a robbery at a Subway sandwich store in El Dorado. Miller’s trial was moved to Columbia County on a change of venue. He was convicted of capital murder and sentenced to life without parole.
Defense attorney Jamie Pratt of El Dorado told the court, “As I mentioned to you in chambers and spoke to Mr. Butler, we do have a scheduling order that suggests a re-sentencing hearing for early March, April, or May. We are not ready to do this.”
Pratt said one of the difficulties on both sides of this case was “we do not have a history of the trial.” He requested the matter be passed to April 20 with an excluded period.
Prosecutor David Butler said the state had no objection, adding “maybe we need more time.” Butler said the state now needed to obtain a previous court reporter’s tapes and records. The original case was heard by the late Judge Larry Chandler, he said.
Judge Talley said he would prepare another scheduling order.
The Hill case is being handled by Ouachita County Circuit Court. Hill, age 16 at the time of the crime, was convicted of the murder of Kenneth Oglesby on Sept. 30, 1997, during an attempted robbery at the White Oak Package Store near Chidester. He was sentenced to life without parole.