DOTHAN, Ala. — A judge will make a decision on whether to dismiss a murder case in which the defendant has been held for 10 years in jail without a trial.
The Dothan Eagle (http://bit.ly/2sPkdLG ) reports that Houston County Circuit Judge Kenny Moulton heard arguments Tuesday in the defense request to dismiss the case against Kharon Davis.
Davis was arrested in 2007 for the shooting death of Pete Reaves. He has been held without bond in the Houston County Jail since his arrest a decade ago as the trial date got pushed back numerous times.
Defense lawyers and state prosecutors, who are handling the case, sparred in the court hearing over who was to blame for the delay.
Defense lawyer Tommy Goggans told Moulton that the original judge allowed Davis to be represented for more than four years by an attorney with a conflict of interest. Davis’ first defense lawyer, Ben Meredith, was the father of a police investigator expected to testify in the case. Meredith was removed from the case in 2011.
“No one should go to court with an attorney who has a conflict of interest in that case. Mr. Davis has a right to a speedy trial,” Goggans told the judge according to the newspaper.
The case sat largely dormant during those first four years with few defense filings during that timeframe, according to the court record.
Assistant Attorney General Kenneth Gibbs said Davis was made aware of the potential conflict and chose to keep Meredith.
“Everyone felt Meredith would do his job in representing Davis. Everyone is overlooking the fact Meredith was retained by Davis to represent him after the fact. This case should not be dismissed,” Gibbs told the judge according to the newspaper.
Information from: The Dothan Eagle, http://www.dothaneagle.com