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September 2, 2010

Smallen murder trial moved to November

By BOB GIBBINS Staff Writer

TAHLEQUAH — A first-degree murder trial scheduled to start next week has been delayed until November, a prosecutor said Wednesday afternoon.

Assistant District Attorney David Pierce said Robert Lee Smallen was supposed to be tried during a jury term next week, but the case was moved to the November docket.

Smallen is charged with the July 2007 shooting death of Ronny Hall.

Both men are from Muskogee. Smallen’s first court case ended in a mistrial when jurors were unable to reach a verdict. He is free on bond.

Daniel Prentice Thornburg is also charged with Hall’s death, but was a witness against Smallen in the first trial. His attorney, Gretchen Mosley, has filed an application to determine his competency.

The application states Thornburg’s cognitive difficulties prohibit him  from understanding questions asked of him. It also states he can relate chronological events more easily than having to elaborate on an answer.

The document also states there is “grave doubt” Thornburg can assist in his own defense with the difficulties.

Smallen is represented by Stilwell attorney Rex Earl Starr. Pierce is prosecuting both cases. District Judge Jeff Payton will preside at the Smallen trial.

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Poll

This question is not for people who have never attended church, nor those who still attend the same church they always did. It's for those who no longer attend their original church of choice. Why did you stop attending your original church?

No longer believe in that church's teachings (either stopped altogether or attend different church).
Boring sermons or music, or too many disruptions during service (crying infants, etc.)
Work schedule, lack of transportation, chronic illness or other personal issues.
Personal disputes with the pastor or other church members.
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