Judge sets deadline in capital murder case

A Houston County judge gave the prosecution 10 days to turn over the evidence in a Dothan capital murder case to the defense.

Circuit Court Judge Ed Jackson issued the order Tuesday after defense lawyers for Andre Farrier told the court they did not have copies of the pathologist’s report from the autopsy in the murder. Billy Joe Sheffield II and Valerie Judah represent Farrier on the capital murder charge.

Farrier, 28, of of South Pontiac Avenue, was arrested Sept. 19, 2007, and charged with shooting Richard Smith, Jr. to death in June 2007. Smith’s body was found near some railroad tracks on Stough Street. Farrier was released from custody in August 2008, after he posted a $99,000 bond. Farrier has been scheduled for trial in front of Jackson on March 9.

Sheffield questioned whether the prosecution had turned over all their evidence in the case, including any finger prints.

“We have not received any of the forensics,” Sheffield argued at the capital murder hearing Tuesday. “The eye witness is now saying my client was never there.”

Assistant Houston County District Attorney David Atwell said there were several unidentified palm prints in evidence.

“There’s no statement that I’m aware of,” said Assistant District Attorney Denise Bates.

Dothan police also charged two other men with capital murder in connection to the Smith killing. Both Brandon Bell, 27, of East Newton Street, and Pravin Dewayne Simpson, 19, of South Appletree Street, have been held in the Houston County Jail without bond since their arrests.

Both men have been scheduled for trial in front of Circuit Court Judge Butch Binford on March 30.