Paula Hall's Murder Conviction Overturned For Second Time:

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Paula Hall (mug shot MODOC)

The judge who presided over Paula Hall's murder trial has ruled that her rights were violated when the Christian County Prosecutor’s Office failed to provide her defense lawyer with correct information regarding a state’s witness.

Wright County Judge John Moody, who was the judge who heard the case in Taney County on a change of venue, heard evidence last week in Christian County during a hearing for 43-year-old Paula Hall of Sparta.

This is the second time Moody has overturned Hall's conviction.  In his latest ruling, Moody wrote, “Had ( Rita Sanders- Hall's attorney) known of the sentence, she could have sought further discovery regarding any agreements between the Christian County Prosecuting Attorney’s office and Ms. Bonham.”

Attorney Rita Sanders

“There is no question the information could have been useful in impeaching witness Lisa Bonham by demonstrating motive to lie,”  he wrote.

A jury convicted Hall in 2009 for the November 2003 murder of sixty eight year-old Freda Heyn and she was sentenced to twenty years in prison.

Moody allowed both sides to present evidence on September 21st  during a post-conviction hearing.
Sanders argued that the conviction should be overturned because errors by the prosecutor violated Hill’s due process rights when they did not provide her the correct information on one of the witnesses, Lisa Bonham. Prosecutors say the errors did not affect the outcome of the trial.

Bonham, who served time in lockup with Hall, told the jury she overheard Hall tell fellow inmates in the Christian County jail that she killed Heyn.

Sanders says prosecutor’s gave her discovery on another person named Lisa Bonahm and failed to tell her that the Lisa Bonham that was to testify had been convicted of passing bad checks, forgery and a probation violation in Christian County and had pending charges in Greene County at the time of Hall’s trial.
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She says prosecutors in Christian County entered into a deal with Bonaham and asked Greene County prosecutors to go easy Bonaham because she testified for the state in Hall’s trial.  Sanders also questioned why Bonham’s Christian County sentence of five years probation was amended in April 2009, just two months after Hall’s conviction, to 120 days already served.

Chrisitan County prosecutor Amy Fite

Christian County prosecutor Amy Fite, who was not in office at the time of Hall's trial, said last week that the state now concedes that there was a discovery violation when they provided criminal information on another person named Lisa Bonahm to defense counsel.  "How did I get the wrong information...they use social security numbers to run things through NCIC and MULES," said Sanders.

Murder charges connected to Heyn's that were filed against Hall's former brother-in-law, Billy Wayne Hall, who has been in and out of prison several times over the last few years, were dismissed without prejudice in June so "investigator's can continue to gather potential evidence," according to Christian County chief assistant prosecutor Donovan Dobbs.  "We only get one shot.....we want to make sure it's a good one if we proceed to trial."

Billy Wayne Hall (mug shot CCSO)

Sanders has filed a motion with the court asking that the murder charges that were dismissed WITHOUT prejudice against Billy Wayne Hall (meaning the state can refile) be dismissed WITH prejudice because the state violated his right to a speedy trial.  "They needed to have him tried by July 29th and they've missed that date."

Another troubling aspect of the case for Sanders is that a man named Tommy Pettit, who allegedly admitted to his wife and others, that he Clint Ward and David Epperson beat Mrs. Heyn to death and then dismembered her body, fed it to hogs and tossed her skull into the Mark Twain National Forest has never been charged with anything in connection to Heyn's murder, "Why aren't the news media and Mrs. Heyn's family members asking prosecutors in Christian County why no charges have ever been brought against Pettit,?" said Sanders.

Fite will have 30 days to appeal the judge’s decision, which would then send the post-conviction relief to the Missouri Court of Appeals. Fite could also decide to skip the appeal and retry Hall or not retry the case against Hall at all.

Sanders says she will ask Moody to order Hall to be released on her own recognizance. "They can release her or go ahead and waste tax payers money again or go after the real people who murdered Mrs. Heyn," says Sanders.

Will Paula Hall Get A New Trial; Judge Will Announce Decision Soon:

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Paula Hall (mug shot MODOC)



A judge is once again considering whether to overturn the 2009 murder conviction of a southwest Missouri woman for the death of an elderly woman from Oldfield.

Wright County Judge John Moody, who was the judge who heard the case in Taney County on a change of venue, heard evidence Wednesday in Christian County during a hearing for 43-year-old Paula Hall of Sparta.

Freda Heyn (family photo)

A jury convicted Hall for the November 2003 murder of sixty eight year-old Freda Heyn and she was sentenced to twenty years in prison.

Hall's attorney, Rita Sanders, argued that the conviction should be overturned because errors by the prosecutor violated Hill's due process rights. Prosecutors say the errors did not affect the outcome of the trial.

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Attorney Rita Sanders

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Moody allowed both sides to present evidence on Wednesday during a post-conviction hearing.

The witness that concerns Sanders most is Lisa Bonham, who served time in lockup with Hall.  She told the jury she overheard Hall tell fellow inmates in the Christian County jail that she killed Heyn. 

Sanders says prosecutor's failed to tell her that Bonham had been convicted of passing bad checks, forgery and a probation violation in Christian County and had pending charges in Greene County at the time of Hall's trial. She says prosecutors in Christian County entered into a deal with Bonaham and asked Greene County prosecutors to go easy Bonaham because she testified for the state in Hall's trial. 

Sanders also questioned why Bonham's Christian County sentence of five years probation was amended in April 2009, just two months after Hall's conviction, to 120 days already served.

Christian County Prosecutor Amy Fite

Christian County Prosecutor Amy Fite, who was not in office at the time of Hall's trial, argued that regardless of Bonham's criminal history, the jury believed her when she told them that Hall told her she killed Heyn while they were both behind bars Christian County.  Fite also says a clerical error in docketing contributed to the confusion.

Fite says the state now concedes that there was a discovery violation when they provided criminal information on another person named Lisa Bonahm to defense counsel.  "How did I get the wrong information...they use social security numbers to run things through NCIC and MULES."

Moody's decision should be announced within a few weeks, according to Sanders.  "It's very clear they violated the Brady Law and when they did that they violated Paula's right to due process and a fair trial.  If we don't get a new trial I will take it to the Court of Appeals."



Billy Wayne Hall (mug shot CCSO)



Murder charges connected to Heyn's that were filed against Hall's former brother-in-law, Billy Wayne Hall, who has been in and out of prison several times over the last few years, were dismissed without prejudice in June so "investigator's can continue to gather potential evidence," according to Christian County chief assistant prosecutor Donovan Dobbs.  "We only get one shot.....we want to make sure it's a good one if we proceed to trial."

Sanders says she will file a motion with the court next week asking that the murder charges that were dismissed WITHOUT prejudice against Billy Wayne Hall (meaning the state can refile) be dismissed WITH prejudice because the state violated his right to a speedy trial.  "They needed to have him tried by July 29th and they've missed that date."

What troubles Sanders the most with this case is that there is a man named Tommy Pettit, who allegedly admitted to his wife and others, that he Clint Ward and David Epperson beat Mrs. Heyn to death and then dismembered her body, fed it to hogs and tossed her skull into the Mark Twain National Forest.  "Why aren't the news media and Mrs. Heyn's family members asking prosecutors in Christian County why no charges have ever been brought against Petit?"

~UPDATED~Judge Overturns Paula Hall's Conviction In Heyn's Murder; Murder Charges Against Billy Wayne Hall Dismissed

Paula Hall (mug shot MODOC)

The 2009 murder conviction of a woman from Sparta has been overturned.

Judge John Moody sided with attorney Rita Sanders in an appeal she filed saying prosecutors failed to provide all of their discovery against her client, Paula Hall.

A Taney County jury convicted Hall, 43, in February of 2009 for the 2003 murder of sixty eight year-old Freda Heyn.  Hall was sentenced to twenty years.
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Freda Heyn (family photo)

Heyn was last seen alive at the post office in Oldfield on November 7, 2003. Prosecutors say Mrs. Heyn was abducted from her mobile home by Paula Hall's former brother-in-law, Billy Wayne Hall, and brought to the trailer of her boyfriend David Epperson because they believed Heyn was going to snitch on them for cooking methamphetamine.
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David Epperson (mug shot CCSO)

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Epperson testified at his former girlfriends trial that it was outside his house that Paula Hall swung a golf club, "roundhouse style," at Heyn - who fell face first to the ground.

Epperson told jurors that Billy Wayne Hall helped him move Heyn's body to the side of the trailer, then the trio went inside to get high on methamphetamine.

Heyn's skull was found by hikers south of Chadwick in the Mark Twain National Forest in the spring of 2004 -- the rest of her body, which authorities believe was cut up, has never been found.

Modern science is what led authorities to the Hall's and Epperson. Epperson's DNA was left in Heyn's trailer when he cut his hand on a piece of glass as he allegedly helped Paula and Billy Wayne Hall clean the 68 year-old woman's trailer.

Epperson had been charged with second-degree murder for Heyn's death, but was offered a deal by prosecutors in exchange for his testimony. He got five years probation on amended charges of tampering with evidence for his testimony.

One of the reason's for the case being overturned is Lisa Bonham.  Bonham, who served time in lockup with Hall, testified for the state in Paula Hall's trail. She told the jury she overheard Hall tell fellow inmates in the Christian County jail that she killed Heyn.  Sanders says Hall allowed Bonham to read discovery on her case while in lock-up and Bonahm molded her testimony around what she read, "To keep her butt (Bonham's) out of prison.  She was on a 120 day hold on a probation violation for Christian County and that was not disclosed. If they decide to retry this case, I will destroy Bonham on the stand."
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Another reason Moody cited lies with Tommy Petit.  Sanders says that she was not provided with all the discovery that authorities had regarding Petit.  "I was given one CD of an interview with Petit when there were actually three...and one of the reports we found in post conviction relief was dated February 9, 2009...5 days AFTER Paula was convicted.  Under the Brady rule, they have to disclose everything they have to defense counsel."
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Sanders says that Petit is the one responsible for Heyn's death.  "In some evidence we've found he describes what it felt and smelled like when he cut up Freda's body."  Sanders also says it's possible that a woman with ties to Petit, Debbie Presley, may have helped kill Heyn.  "She told Paula she needed to talk to her about Freda.  Paula told her she was advised by me not to talk to anyone about the case anymore.  Jail staff found Presley hanging in her jail cell that same night."

"Tommy’s wife gave a written statement saying her husband did it, but I don’t think that statement ever left her hand,” Sander said. “I’m not sure the prosecutor's office even knew about this one."
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Ron Cleek, prsoecutor in Christian County at the time of Hall's conviction, says, "Rita had all of the information on everything and everyone.  I held back nothing.  I know now that there was a Probation Violation on Lisa Bonham later in the year in 2009, but I gave Bonham nothing for her testimony.  And, everything I knew about the people who testified was given over to the Defense.  All of the information I learned about additional witnesses the day before trial was given to Rita.  Nothing was left out and nothing was kept from her.  I highly disagree with the Judge."
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Billy Wayne Hall (mug shot CCSO)

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Murder charges connected to Heyn's death filed against Billy Wayne Hall, who has been in and out of prison several times over the last few years, were dismissed without prejudice today (06-09-11) so investigators can continue to gather potential evidence.
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Christian County chief assistant prosecutor Donovan Dobbs says,  "We only get one shot.....we want to make sure it's a good one if we proceed to trial."
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Dobbs says his office "respectfully disagrees" with Judge Moody's ruling.  "The decision becomes final in 30 days then we have 10 days to file an appeal to the ruling."  The appeals court will decide if the conviction stands or if Hall gets a new trial. Or, tthe Christian County prosecutors office could decide not to appeal Judge Moody's decision and the overturned conviction will stand.
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Cleek believes an appeal is the right course of action.
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“I feel strongly that Paula committed this crime or I would not have tried the case,” he said. “It’s not my decision now to appeal and I don’t know what she (Fite) will do. I know to take it up on appeal would be the right thing. The Heyn family has suffered a great deal already. We did a good job with this case and I disagree with what the judge has done.”
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Sanders, who is representing Paula Hall pro bono, said at the time of Hall's sentencing, "I've lost faith in the jury system after this verdict....if not for her dating David Epperson, we might not be standing here."
Her faith in the justice system was restored with Moody's ruling,  "I know Paula's innocent and I will never stop fighting for her."
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UPDATE JUNE 30, 2011:

On June 29, 2011 Judge Moody vacated his judgment of June 9, 2011 that granted Paula Hall a new trial for her second-degree murder conviction for the 2003 death of Freda Heyn.
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Christian County Prosecuting Attorney, Amy J. Fite presented the court with the testimony of Christian County Circuit Clerk Barbara Stillings, Captain Bryan Gillman with the Christian County Jail, Greg Fahrlander of Probation and Parole, and Cindy Bates also of Probation and Parole.
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The evidence presented showed there was no pending probation violation at the time the Lisa Bonham testified. Additional evidence presented also showed that a violation report did not exist and the alleged discovery violation was likely the result of a simple scrivener’s error in the Court record.
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What all this means is that at this tim Paula Hall will Not receive a new trial.  Defense attorney Rita Sanders says, "There are still other motions to be heard by Judge Moody who indicated to Amy and I that this is probably not his final ruling in this matter."
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Another Change Of Venue For Billy Wayne Hall:

The murder trial of Billy Wayne Hall will now be heard in Camden County instead of Cass County.

Christian County prosecutor Ron Cleek says, "We couldn't get a trial date set in Cass County because their dockets are so backed up. We all agreed to another change of venue so that we can get a trial date. Hopefully we will have this trial behind us by the fall at the latest."

Hall was charged with second-degree murder for the death of Freda Heyn back in 2006 but Cleek dropped the charge the following year citing lack of evidence.

Prosecutors allege that Billy Wayne Hall helped kill sixty eight year-old Freda Heyn, Oldfield, in 2003 because he was afraid that Heyn was going to turn he and his former sister-in-law, Paula Hall, in for cooking meth.

Heyn was last seen alive at the post office in Oldfield on November 3, 2003. Hikers found Mrs. Heyn's skull in the spring of 2004 in the Mark Twain National Forest.

A jury found Paula Hall guilty for Heyn's murder last year. She is currently serving 20 years in prison for the woman's death..