2010-04-01 / Front Page

Capital murder trial set in July

An Alabama man facing a capital murder charge in Freestone county got his wish of a trial date Monday, although it will not take place as soon as he wishes.

The trial date for Oscar Roy Doster was set by 87th District Judge Deborah Evans at a status hearing. Jury selection for the trial starts July 19.

Doster is charged with capital murder in the April 6, 2005, death of Dennis Courtney at his ranch in east Freestone county.

At the time of the murder, Doster and James Harnage, also charged with capital murder in Courtney’s death, were escapees from a jail in Andalusia, Ala.

Doster was jailed in Alabama on a capital murder at the time he and Harnage escaped in 2005, and has since been convicted in Alabama of a murder committed during his prior escape and faces the death penalty there.

A few weeks after Courtney’s body was found at his ranch, Doster was arrested in California and a 4-wheeler reported missing from the Freetone county ranch was recovered.

Harnage was arrested in Las Vegas, Nev., and a pickup reportedly stolen at the Freestone county ranch was recovered.

A number of hearings on motions to free Doster and Harnage from the Texas charges have been heard at various courts. Last month the Court of Criminal Appeals ruled against a motion filed on behalf of Doster in which it was contended that the Interstate Act on Detainers had been violated.

Under the act, Doster’s court-appointed attorneys argued that their client had not been brought to trial in a timely manner.

Defense attorney John E. Wright says that the motion is currently being appealed to the U.S. Supreme Court, and points out that a favorable ruling there could nullify a verdict if a trial is heard before a ruling is issued.

But while Wright and co-counsel Frank Blazek, are working to get the case against Doster dismissed, their client is asking to be tried soon.

Doster entered the Freestone county courtroom dressed in Limestone County Detention Center clothing, handcuffed and shackled. Seven deputies and bailiffs were on duty in the courtroom.

Clearly agitated, the defendant argued with his attorneys prior to the start of the hearing, saying: “I want you off this case, period. You are steadily going against my will.”

“I want to go back to Alabama where I belong. I ain’t done nothing in Texas,” he continued.

The defendant told Judge Evans that he wants a trial date set and that his attorneys are filing motions with which he does not agree.

“This is my life, not what they want,” Doster says. “I’m ready to see it over with.”

The judge cautioned the defendant against representing himself in a capital murder trial.

Judge Evans suggested setting a trial date in September, which is not early enough for Doster.

“You can set it tomorrow,” the defendant says.

Prosecuting attorney Nancy Nemer of the Office of Texas Attorney General points out that she expects to call 60 witnesses from several states for the trial and, because of logistical concerns, an immediate trial would not be possible.

She estimates it will take about two months to pick a jury and suggests a September start date. On a query from Judge Evans, the prosecutor says that her June and July schedule is busy, but that she would alter her schedule to accomodate the court.

“I’m eager to get it tried. I’m going to set it as quick as I can,” the judge says.

Judge Evans then set jury selection to start July 19 and the trial to start soon after a jury is picked.

Attorneys are to prepare questionnaires for potential jurors by June 19 and a general pretrial hearing will be held June 24 in 87th District Court.

Jury selection may take place in a bigger venue that the district courtroom because 300 potential jurors may be called, more than the courtroom will seat.

The judge notes that she has received several letters from Doster and, on her own motion, ordered that the defendant be examined for mental competency to stand trial.

“I’ve been examined twice in Alabama,” Doster declares.

Although Doster and Harnage were arrested shortly after the 2005 murder of Courtney, they were not indicted in Freestone county until 2007. Reasons for the delay given by then County Attorney Keith Meredith were to allow Doster’s capital murder trial in Alabama to conclude and to postpone the start of a Texas speedy trial calendar.

Doster’s attorneys have argued for some time that the Texas Speedy Trial Act has been violated, but prosecutors counter that the defense waived provisions of the act. So far, appellate courts have sided with the prosecution.

Judge Evans also set a hearing for April 22 to hear a motion to dismiss Harnage’s court appointed attorney.

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