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Sun, Jul 05 2009 

Published December 02, 2007 09:15 pm - Accused killer Gary Black’s assertion of the right to act as his own attorney at his third trial on a capital-murder charge may be affecting another murder case in Jasper County.

Second accused killer asks to be his own attorney



By Jeff Lehr

jlehr@joplinglobe.com

Accused killer Gary Black’s assertion of the right to act as his own attorney at his third trial on a capital-murder charge may be affecting another murder case in Jasper County.

Melvin Rodney Long filed a motion Nov. 6 seeking to represent himself when he goes to trial on charges of first-degree murder and armed criminal action. Long, 38, is accused of shooting Matthew W. Sisco, 34, to death on July 12 during a dispute at Long’s residence on Millwood Road near Purcell.

Circuit Judge Gayle Crane has taken Long’s motion under advisement. Long currently is represented by Nate Anderson, a public defender.

The Jasper County prosecutor’s office responded to the motion by asking that the court order Long to undergo a mental examination before deciding if he should be allowed to act as his own attorney. The judge agreed and ordered that Long be examined at the Western Missouri Mental Health Center in Kansas City.

Another motion hearing in Long’s case is scheduled for today.

Long has been held at the Jasper County Jail since his arrest in July. Black, 42, remains an inmate there as well.

The Missouri Supreme Court decided in May that Black should be granted a third trial and allowed to act as his own attorney.

Juries twice convicted Black of first-degree murder for the 1998 slaying of 28-year-old college student Jason O. Johnson in downtown Joplin and twice sentenced him to die. Black appealed the second conviction on the grounds that he should have been permitted to represent himself, and the state’s high court agreed.

On Friday, Black asked Circuit Judge David Mouton to dismiss one of two standby legal counsels who have been assigned to him for his third trial. He no longer wants the state public defender office’s appointed attorney, William Shull, acting as standby counsel. Joplin attorney William Fleischaker also has been serving as standby counsel.

Shull informed the court that he believes two standby counsels are required in Missouri death-penalty cases. Mouton gave Shull 10 days to offer authority for that requirement, and gave the prosecutor’s office 10 days beyond that to offer suggestions or objections it may have to Black’s motion regarding standby counsel.

Mouton also has stricken a March 3 trial date for Black at the defendant’s request. Both sides will try to come up with a new trial date at a hearing on Jan. 11.



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