Published: March 27, 2008 04:18 pm            

Mays appears in court again

392nd District Judge Carter Tarrance on Monday denied a motion by the defense team for Randall Wayne Mays to declare the death penalty unconstitutional.

The defense — led by Bobby Mims and assisted by local attorney Steve Green — and the state, led by District Attorney Donna Bennett, submitted documents regarding the death penalty. No arguments were made prior to the ruling, as each side said they stood behind their previous submissions.

The hearing — which was delayed from 1:30 p.m. to 3 p.m. — lasted about 20 minutes.

Jury selection for the trial will begin Wednesday at 9 a.m. at Cain Center with individual questioning beginning Wednesday, April 2.

Mays is accused of fatally shooting Henderson County Sheriff’s Department Investigator Paul Steven Habelt, 64, and Deputy Tony Ogburn, 61, on May 17, 2007. The officers were killed after responding to a disturbance at a residence in Payne Springs.

A third officer, HCSD Deputy Kevin Harris, was shot in the leg during the shooting. Harris survived, and as he has been, was once again present for the hearing.

Tarrance also agreed to seal administrative files of Henderson County officers after a request was made by Mims. Mims said he wanted the action taken so those files could become part of the court record.

It was also decided that no extraneous offenses will be brought before the jury during the trial until the proposed submission is discussed with Tarrance first.

        

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