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NewsThursday, January 11, 2007 9:58 PM CST
Trial of man accused of killing family postponed
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CLINTON -- The murder trial of a Clinton man accused of killing a pregnant mother and her son likely will be postponed until next year, his attorney said Thursday.

Arthur Thomas “Tom” Massey, 37, is accused of six counts of first-degree murder in the July 11 stabbing deaths of Katie Griffieth, 29, and Kendall Griffieth, 8, both of Hallsville. Police reports indicate that the mother was seven months pregnant when she died, a fact that led to three counts of intentional homicide of an unborn child against Massey.

The state is seeking the death penalty against Massey, who has pleaded innocent and is in jail on $500,000 bond.

Lead defense attorney James Elmore of Springfield told DeWitt County Judge Stephen Peters that trial preparation is in its early stages.

“I don’t think I can even predict a trial date. 2007 would be optimistic, to be honest with you,” Elmore told Peters.

Massey told the judge he understood his right to a trial within 120 days of his arrest and agreed to waive the requirement.  

Elmore and DeWitt County State’s Attorney Jerry Johnson agreed that the exchange of documents between the two sides is progressing without problems. Charles Colburn, a state appellate prosecutor, is assisting Johnson.

The defense has asked and the court has granted permission for an expert to review DNA test results compiled by the state. The prosecution also has provided the defense with state crime scene standards as requested.

Massey was arrested about three weeks after the murders.

No motive has been disclosed by authorities for the charges against Massey. People in the community who knew Griffieth and Massey speculated last summer that Griffieth may have spurned advances from Massey.

DeWitt County Defender Richard Goff said after the hearing that the trial date delay is due in part to the huge volume of materials involved in the capital case.

Goff is assisting the defense team along with Joe Miller and John Hanlon with the state appellate defender’s office.

“We’ve got a substantial amount of work done but we have a substantial amount of work left to do,” Goff told reporters.

Goff did not rule out the possibility of additional psychiatric evaluations for Massey. Psychiatric tests performed after his arrested determined Massey to be fit for trial.

Massey is doing well in jail and assisting his lawyers with the defense work, according to Goff.

“He’s doing fine. He appears healthy and has put on a little bit of weight,” he said.

The hearing Thursday was the first of what is expected to be regular case management conferences to review the status of pending issues and a schedule of future proceedings.

The next hearing is set for March 19.

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Reader comments on this story - 5 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

CopsWife wrote on Jan 12, 2007 3:41 PM:

" Because I am a former resident of Hallsville, my young daughter knew the victims in this case. She and her friend often babysat for Kendall and his siblings. I find it very sad that the judicial system seems to take so lightly the unavoidable death of children. Our lawmakers, in all their infinite wisdom, slaps perps on the wrists for their roles in the deaths of children. But catch someone with cocaine, and off they go for a 30-year stint in the big house. We can't blame judges or lawyers; lawyers are simply paid mouthpieces and judges simply see to it that the laws passed by our government are upheld. Blame the source...those who pass/do not pass bills. Pause for a moment here and look at your beautiful child/grandchild...imagine someone plunging a knife into their little, helpless bodies. Imagine them drowning while others stand by and watch... Now put pen and hand and write to your representatives, telling them how you'd feel if someone did that to your little one. "

Mr Perfect wrote on Jan 12, 2007 2:22 PM:

" To News Now: In response to your comment, just because a person is convicted on a lesser included charge or is acquitted on all charges, does not necessarily mean that the prosecution had a weak case. However, I will add that it depends on the case. On one hand, in many people's eyes, the prosecution had a strong case against OJ Simpson, yet he was acquitted on double murder charges. On the other hand, you have the DA in the Duke Lacross case, drop rape charges against the three players who have been accused. In that case, you would have to question the validity of the remaining charges. Getting back to the Amanda Hamm case, the jury in her case, just had a hard time believing that she could kill her three kids. In many cases, a case can be won or lost in jury selection. I do believe that if the Amanda Hamm case was tried in some other county, such as McLean instead of Macon, that she probably would have been convicted on the murder charge. "

News Now wrote on Jan 12, 2007 11:50 AM:

" If the prosecution did the best it could do in the Hamm case, and the jury voted for a lesser charge, then isn't this a strong indication the prosecution had a weak case? Prosecutors went into the Hamm case claiming they would prove a conspiracy existed between Hamm and LaGrone to commit the murders, but they soon dropped the issue and presented no evidence to that end. Also, some key pieces of the prosecution's evidence was contradicted by police officers who testified when Hamm's defense attorney offered other evidence. Prosecutors may have done their best, but the jury did exactly what it was supposed to do. "

Mr Perfect wrote on Jan 12, 2007 10:59 AM:

" To good: Based on your comment, I get the impression that you are in favor of the death penalty. I happen to support the death penalty too. In terms of the latter part of your comment, the jury in the Maurice LaGrone case voted not to give him the death penalty. Since the jury in the LaGrone case chose not to give him the death penalty, it would have been much harder on the prosecution's part, to be successful in getting the death penalty for Amanda Hamm. If you want to criticize somebody, criticize the jury LaGrone case for voting not to give him the death penalty. Likewise, criticize the jury in the Amanda Hamm case for voting to acquit her on 1st degree murder and instead convicting her on child endangerment. I think the prosecution did the best they could. "

good wrote on Jan 12, 2007 8:26 AM:

" O am glad they are not rushing into this one. They probably learned their lesson on the other big trial from that town being a fiasco and those 2 getting out of the death penalty. "

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