Shockley attorneys file motion to dismiss charges

Attorneys for Lance Shockley have filed a motion to dismiss all charges connected to the March 2005 shooting death of a Missouri State Highway Patrol trooper, according to court documents.

Circuit Court Judge David Evans could hear the motion as early as tomorrow during a hearing at the Carter County Courthouse.

Shockley is charged with first-degree murder and armed criminal action for allegedly killing Sgt. Carl Dewayne Graham Jr. in uniform outside Graham's home near Van Buren, Mo. Prosecutors allege Shockley was a suspect of the trooper's investigation into a fatal hit-and-run accident in November 2004. Prosecutors intend to seek the death penalty if Shockley is convicted.

Shockley's attorneys are moving to have all charges dismissed after the state announced it would not call Shockley's wife as a witness at trial. Coree Shockley's attorney had reportedly said she was willing to testify against Lance in exchange for immunity from prosecution, according to the documents. A hearing was held March 27, after which a judge granted her state immunity, provided prosecutors could also obtain immunity from federal charges. Coree Shockley later announced she was no longer willing to testify, even if granted immunity, according to the documents.

In a letter from May 27, a special prosecutor from the Missouri Attorney General's Office wrote, "The State does not expect to call Coree Shockley as a witness."

Lance Shockley's public defenders argue that all charges should be dismissed because Coree's testimony is key to the prosecution's case.

"To allow the Prosecutor to continue... when he has attested and stated as an officer of the court that a witness's testimony is 'necessary' to prove his case against Mr. Shockley beyond a reasonable doubt and that he does not have and will not have that witness's testimony would obliterate Mr. Shockley's right to due process," attorneys wrote in the motion.

The defense has also moved for another continuance in a case that began more than three years ago. The trial is set to begin Aug. 11, but the defense has asked for more time to depose witnesses. They argue that prosecutors' final list of witnesses includes 28 people who were not on an earlier list.

One of Shockley's attorneys will also be busy preparing for another capital case in July, according to the motion.

"In office preparation for a capital murder trial is hugely time consuming and cannot be done 'on the fly' during the trial," the defense wrote.

Defense attorneys Thomas Marshall and Jan Zembles were not available for comment Friday or Monday before press time.

Scott Holste, spokesman for the Attorney General's Office, said his office had not yet seen a motion for a continuance, and had no further comment on pending motions.

The motion hearing is scheduled to begin at 10 a.m. today in Van Buren, and could last through Wednesday.

bschraum@semissourian.com

335-6611, extension 210

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