Smallen murder trial delayed until August

By BOB GIBBINS

TAHLEQUAH DAILY PRESS May 13, 2008 03:13 pm

— A first-degree murder trial for Robert Lee Smallen set to begin Monday has been delayed until August.
Smallen, 56, of Muskogee was scheduled to be tried this week for the July 2007 shooting death of Ronny Hall, also of Muskogee. Prosecutors allege Smallen drove Hall to a remote location on Lake Tenkiller in Cherokee County and shot him then dumped his body into the lake where it meets the Illinois River. Daniel Thornburg, also of Muskogee, told investigators he witnessed the shooting.
The transcript from Smallen’s preliminary hearing was filed Monday morning and there was a dispute between attorneys concerning completion of the discovery portion of the case. Chief District Judge Bruce Sewell reset the case for trial during the August docket.
Smallen was initially being held without bond and Associate District Judge Mark Dobbins set a $200,000 bond in January at the end of the preliminary hearing. Sewell, after a hearing later in January, increased the bond to $450,000 and required him to remain at his sister’s home, if he posted the additional bond.
Assistant District Attorney David Pierce said Smallen has not posted the additional bond. Smallen is represented by Stilwell attorney Rex Earl Starr.