Judge sets new date in Pressly case trial

Suspect decides to keep defense team

By John Lynch

Posted: July 29, 2009 at 5:31 a.m.

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LITTLE ROCK — The 28-year-old Marianna man accused of killing TV news anchor Anne Pressly withdrew his handwritten request for new attorneys with a nod of his head on Tuesday after Pulaski County Circuit Judge Chris Piazza agreed to delay his capital-murder trial by two months.

Saying that he wants the case to be concluded by the end of the year, Piazza set Curtis Lavelle Vance's trial for Nov. 2.

Addressing Vance's motion for new legal representation took about 30 seconds out of the 21-minute hearing. Vance didn't speak when the judge asked him about the six-page, pencil-and lined-paper motion he filed last month, but his lead defense attorney, Katherine Streett, told Piazza that her client was no longer interested.

"He's indicated he doesn't wish to address that motion," she said.

Questioned directly by the judge about withdrawing the request, Vance, who appeared lethargic and withdrawn in wrist and leg shackles bound together by a leather strap, nodded yes. In the motion, he had accused Streett and his two other attorneys of deliberately conspiring against him, saying they'd crippled his defense. He's also complained in court that they hadn't shown him any of the evidence they've obtained from prosecutors, specifically DNA.

His attorneys responded by telling the judge that Vance was refusing to talk with them and didn't trust them, according to a transcript of a bench conference between the attorneys and the judge.

The bulk of Tuesday's hearing was devoted to his defense attorneys' request for a six-month trial delay. Streett told the judge that defenders needed more time, both to prepare for a possible sentencing hearing and for testing of DNA evidence received from the prosecution.

"We don't think we can possibly be ready to try this in September," Streett said, saying prosecutors have had since October to do their testing.

The 26-year-old Pressly was fatally beaten in her Heights neighborhood home that month, with 1 Vance arrested about 4 /2 weeks later after his DNA, in the form of hair, was found at her home. He told police he was not in Little Rock when Pressly was attacked.

Authorities haven't disclosed how much hair was found or where it was located, but a prosecution submission at Tuesday's hearing shows evidence was lifted from Pressly's comforter and underwear. Vance is also charged with rape, residential burglary and theft in the case.

Streett told the judge that the defense investigation into the 28-year-old Vance's background continues to expand as his defenders seek evidence they could present to a jury to counter the prosecution's arguments about why he deserves to be executed. Also, she said, the DNA testing sought by the defense to challenge the prosecution's DNA findings will takesix to eight weeks, Streett said. Vance's attorneys have compared the effort with having to prepare for two trials at once.

She offered to provide the judge with a written assessment of defense efforts, but asked that the filing be sealed, a reflection of the ongoing defense effort to keep from tipping off prosecutors about their strategy until Vance's attorneys absolutely have to reveal it.

Chief deputy prosecutor John Johnson objected to the submission, saying that sealing the filings would put prosecutors at a disadvantage in arguing against a trial delay.

"I can't imagine any set of circumstances that would allow them to submit a motion for continuance under seal," Johnson said.

Johnson told the judge that the defense was using a lab that couldn't do the range of testing that's been performed by the state Crime Laboratory.

"The lab they've contracted doesn't even perform the testing needed to challenge the Crime Lab," he said.

The state lab has performed two types of testing, Johnson told the judge, one that detects male genetic material and a second, which tests for DNA that is inherited from the mother. The lab also conducted hair analysis, he said.

Johnson also accused the defense of foot-dragging, saying that the lawyers could have begun arranging their testing three months ago.

"Why hasn't [DNA] been sent before and why are the victim's family being put in the position of having to suffer through a continuance when this defendant has had this information since April?" he said.

Streett disputed Johnson's claims, saying the defense only recently received the police findings.

"We are only now in a position for testing. We have only now received results," she told the judge.

Johnson doesn't know the defense strategy, Streett told the judge, including what laboratories defenders will use.

The request for a continuance was not unreasonable, the judge said, but he said there won't be any more delays, scheduling a pretrial hearing for Oct. 6 and trial for Nov. 2.

"I won't grant another," Piazza said.

He declined the defense attorneys' offer to see their progress reports, saying he'd take them at their word that they need more time. Piazza said he expected the trial would only last five days after Johnson expressed concern the proceedings could conflict with another capital-murder trial.

"We're going to finish this in a week, I promise you that," Piazza said.

The judge urged the sides to make sure they stayed in touch on new developments.

"Let's make sure we communicate with each other," he said.

"We've had a good rapport," Johnson told the judge.

Northwest Arkansas, Pages 11, 16 on 07/29/2009

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