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.
