Murder trial under way in Jackson County

The murder trial of Harry James Davis got under way Tuesday at the Jackson County Courthouse in Marianna.
Davis is accused of killing Peggy Allen Williams at her Marianna home in the Azalea Trailer Park on August 4, 2007. She died of “blunt trauma” to the head and body, according to officials shortly after she was killed.
The state will seek the death penalty if Davis is convicted of the crime. Prosecutor Mark Sims had rejected an earlier plea offer from the defense that would have put Davis behind bars for life in exchange for a plea to 2nd degree murder.
Sims brought eight witnesses to the stand on the first day of trial.
He called a newspaper carrier who was driving in the area of Williams’ home in the early morning hours before the body was found. He testified about seeing a man fitting Davis’ general description in the area, and about seeing a van by the side of the road not far from the home.
Davis became a suspect in the case in part because he was linked to a van which had been abandoned in the same area. Authorities traced its ownership to one of his relatives. 
Sims also called a friend of the defendant who testified about Davis leaving a pair of shoes at his home in Crestview. Sims also called the victim’s brother,  Rick Allen, who found Williams’ body.
Other witnesses included case agent Derrick Wester, fellow investigator Jason McAlpin, Jackson County Deputy Billy Dozier, who secured the scene after the body was discovered, and two of the victim’s neighbors who testified about hearing a disturbance in the area of the victim’s trailer around the time she is believed to have been killed.
The trial is expected to take most of this week, according to court officials.
Circuit Judge Bill Wright made a short day of it Tuesday,  dismissing court far earlier than his usual time of 5 p.m., and spent the last several minutes discussing several matters with Sims and defense attorney Walter Smith outside the presence of the jury.
One of those issues, yet to be settled, is whether to let the jurors watch a videotaped previous court appearance by Davis.
The tape was made during a status hearing in which Wright was trying to set a trial schedule in the case. In the same proceding, Wright also encouraged Davis to cooperate with a physican who was trying to determine his competency to stand trial.  Wright did so at the request of Smith, who told Wright his client had been uncoporative with one of two physicians sent to make that determination.
Smith had gotten one opinion already, with that doctor saying Davis was incompetent. The state then sent its own expert in, and Davis, according to statements by officials in court Tuesday, would not fully cooperate.
In the videotaped proceding, Smith suggested that Wright’s encouragement might be needed to get Davis to answer the doctor’s questions. As Wright was advising Davis that it might be in his best interests to cooperate, Davis spoke up.  He said he wasn’t crazy and, without speaking of any specific action of any kind,  Davis stated that he knew what he had done was wrong and that he wanted to be sentenced and to start serving his time.
Smith argued that the jury should not see the tape, while Sims argued that it was admissable.
Wright’s decision will hinge on two issues – Davis’ mental state at the time, and a point of law.
If Wright finds that Davis’ statement on the videotape was a continued attempt to strike a plea deal, the tape will not be admissable because of rules of evidence meant to protect defendants in the plea bargaining process.
If Wright finds that Davis was speaking outside the context of plea negotiations, the tape could be admitted. Wright indicated Tuesday that he was inclined to reject the argument that Davis was attempting to continue the discussion of a plea agreement when he spoke, but could still rule the tape inadmissable on the grounds that Davis did not understand the consequences of his statement.
Wright may have mental health experts view the tape to see if they can determine the defendant’s mental state at the time. 
He reserved judgement on the issue Tuesday, saying more evidence was needed to make a determination on that issue.