First-degree murder trial delayed again

By BOB GIBBINS

TAHLEQUAH DAILY PRESS August 08, 2008 09:29 am

— A first-degree murder trial for a Muskogee man charged with a July 2007 shooting death in Cherokee County will not start Monday.
Chief District Judge Bruce Sewell had the case of Robert Lee Smallen, 56, set to convene Monday.
But attorneys are now involved in a dispute over whether a statement made by Smallen should be allowed as evidence.
Smallen is charged with fatally shooting Ronny Hall, also of Muskogee.
Sewell ruled last week the statement would not be heard during the trial because Smallen didn’t waive his right to an attorney. Assistant District Attorney David Pierce is arguing he should be allowed to use the statement because Smallen didn’t ask for an attorney until after the statement.
Pierce told Sewell he intends to appeal the decision to suppress the statement. He said Thursday he intends to have the appeal documents prepared early next week.
Sewell has now reset the case for the Sept. 8 jury trial sounding docket, which begins at 9 a.m.
Rex Earl Starr represents Smallen.