Motions denied in Van Buren, Mo., murder case

VAN BUREN, Mo. -- A circuit court judge Tuesday denied a motion to dismiss all charges against Lance Shockley, the man accused of killing a Missouri State Highway Patrol trooper in 2005.

Judge David Evans made the decision after hearing arguments in a pretrial hearing at the Carter County Courthouse. Defense attorney Jan Zembles, a public defender, said it would be "unconscionable" to allow the case to continue after prosecutors announced they would not call Shockley's wife, Coree, to testify during the trial.

"It would be an enormous constitutional violation, in my opinion," Zembles said.

According to court documents, Coree Shockley's attorney had indicated she was willing to testify against Lance in exchange for immunity. After another judge granted her state immunity, the prosecution said she was no longer willing to testify.

Zembles said allowing the case to move forward would violate her client's due process rights because special prosecutor Kevin Zoellner originally told the judge Coree Shockley was necessary to prove his case.

Zoellner said he did not mean Coree Shockley's testimony was the only way to prove his case and that the defense was misrepresenting what he said.

In denying the motion, Evans said he did not agree with either side's definition of the word "necessary" but said the defense may bring the motion back up during the trial. The judge also denied a separate motion to delay Shockley's Aug. 11 trial date.

Zembles said she and co-counsel Tom Marshall needed more time to take depositions from witnesses and that she would be busy working on another capital case in Wright County. Her client, she said, was strongly opposed to a continuance because he's been in custody more than three years awaiting trial.

The judge said he set the trial date more than a year in advance to give both sides plenty of time to take depositions and prepare for trial. Evans reiterated his desire to have the trial begin on time.

"Mr. Shockley has been sitting there for three years," Evans said, "and the family has also been waiting a long time."

Evans said he hopes to have about 200 potential jurors show up to court for jury selection Aug. 6.

He did not rule on a prosecution motion to bar Shockley's attorneys from claiming someone else had motive or opportunity to commit the crime. Zoellner said Missouri law requires the defense to show proof of at least some connection to the case beyond pure motive.

"Until I know whether they have such evidence, I can't rule on that motion," Evans said.

Evans denied a motion to suppress evidence seized from Shockley's home because of a time discrepancy on the search warrant. He also granted a state motion to exclude any mention of James Freeze, a man found dead west of Van Buren on Aug. 9, 2005. Zembles said she did not intend to use Freeze's death in her defense argument anyway.

Marshall said he thought the defense "had a pretty good day" because Evans ordered prosecutors to turn over several pieces of evidence and Zoellner withdrew a motion concerning an accidental shooting by police at Shockley's home. Zembles said she was disappointed, particularly that the motion for a continuance was denied. Zoellner declined to comment.

Another hearing will be held July 9, and Evans has reserved Aug. 1 to hear arguments on any last-minute pretrial motions.

Shockley is charged in the shooting death of Sgt. Carl Dewayne Graham Jr. outside his home near Van Buren on March 20, 2005. Shockley was allegedly a suspect in Graham's investigation into a fatal hit-and-run in 2004.

bschraum@semissourian.com

335-6611, extension 210