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Attorney claims defense hampered by jail

The defense attorney said he also plans to withdraw a previous plea of not guilty by mental disease or defect.
A Dothan attorney representing a man accused of capital murder in the shooting death of another man more than six years ago claims his defense efforts are being hampered. Derek Yarbrough told a judge his client, Kharon Torchec Davis, is not permitted to receive documents at the Houston County Jail, something Yarbrough indicates vital to his defense.

Davis, 27, is one of three people arrested in the June, 2007 murder of Pete Reaves at the Rolling Hills townhouse community off Denton Road. The crime was allegedly committed during the commission of a robbery.

“We have a problem with the jail because they won’t allow him to receive (legal) documents,” Yarbrough told Circuit Judge Kevin Moulton during a hearing Tuesday. “We have to mail them because he is on lock down (not housed in the jail’s general population).”

Moulton said he was concerned and told Yarbrough to file a motion seeking an order forcing the jail to allow Davis to receive hand delivered correspondence. Yarbrough indicted he would file the motion soon.

The defense attorney said he also plans to withdraw a previous plea of not guilty by mental disease or defect. Yarbrough said the defendant’s mental state will not be an issue during the trial that could be scheduled in late 2014.

Charges against the other two men arrested have been resolved. Lorenzo Stacey was found not guilty by a jury in 2009. Kevin Bernard McCloud pleaded guilty to murder in 2011 and was sentenced to 99 years in prison.

Ken Curtis is the senior investigative/legal/political correspondent for WDHN.  If you have a news tip email him at ken@wdhn.com.  Please put the word "Tip" in subject line.

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