Hattiesburg capital murder suspect seeks change of venue

Joanie Calloway, charged with attempted accessory after the fact of capital murder and first-degree hindering prosecution in connection to the murder of Hattiesburg police officers Benjamin J. Deen and Liquori Tate, has asked the court for a change of venue, citing pretrial publicity.

The two officers were shot during a traffic stop May 9, 2015, and died later that night at Forrest General Hospital.

The motion was filed Dec. 19 in Forrest County Circuit Court.

"The right to a fair trial before an impartial jury is the "most fundamental of all rights," the motion says. "In fact, the fair trial is 'the reason we have our system of justice.'"

The motion cites several passages in Article 3 of Mississippi Code as well as the Sixth, Eighth and 14th Amendments as reasons to grant the request.

It also quotes numerous responses by the citizenry of the Pine Belt to stories published by local media.

Some of the responses include cries of, "Give them the death penalty," "Give them the chair," "Hang em on Hardy" and other such threats.

"Due to the extensive media coverage this case has received, this court is no doubt aware, and the lawyers for the state will no doubt mention, that Ms. Calloway was in the vehicle with Marvin Banks when officers Liquori Tate and Benjamin Deen were killed," the motion says. "However, this court must not allow this fact to cloud its judgment and deprive Ms. Calloway of her right to a fair and impartial trial by jury."

Forrest County Circuit Judge Bob Helfrich has not yet set a hearing to rule on the motion.

Believed to have been the driver of the vehicle that was pulled over by Deen, Calloway, 23, initially was charged with two counts of capital murder. Those charges later were reduced to one count each of attempted accessory after the fact of capital murder and first-degree hindering prosecution. Judge Gay Polk-Payton, who presided over her initial court appearance, declined to say at Calloway's initial court appearance why the charge was lowered.

Calloway was indicted for her role in trying to get accused murderer Marvin Banks away from the scene of the officers' shootings, allegedly yelling repeatedly for Banks to get back in the car after the shootings took place. After he did not respond, she is said to have left the scene without him.

She also is accused of misleading police on Banks' identity, again to help him evade law enforcement.

Polk-Payton lowered Calloway's recommended bond of $100,000 to $75,000.

Calloway has been out on bond since July 17, 2015. Her trial date is set for Jan. 18 in Forrest County Circuit Court, along with Douglas Diquan McPhail, Anquanette L. Alexander and Brodrick Kendell Varnado Jr.

McPhail and Alexander were arrested May 15, 2015, and charged with conspiracy and first-degree hindering prosecution. McPhail is accused of conspiring with Alexander to hide or dispose of physical evidence, namely Marvin Banks' shirt allegedly worn during the officers' shooting.

McPhail remains free on $15,000 bond. Alexander is out on a $10,000 bond.

Varnado was arrested May 27, 2015, and charged with accessory after the fact of capital murder and possession of a weapon by a convicted felon.

Varnado, convicted of sexual battery in 2014, allegedly was the person who hid the murder weapon.

He remains free on $90,000 bond.

Five others were charged with various crimes in the officers' deaths, including Banks, who died of heart disease in December 2015 while in a cell at Forrest County Jail.

Banks' brother, Curtis Banks, 28, pleaded guilty in August to accessory after the fact of capital murder. He also pleaded guilty to an unrelated charge of sale of a controlled substance. He was sentenced to 20 years for his role in the officers' murders and five years to be served concurrently for the drug charge.

He was accused of trying to help his brother hide from police by taking him to a Hattiesburg motel.

Jimmy "Jimbo" Velton Brady, 24, was arrested May 15, 2015, and charged with possession of a stolen weapon — a .40-caliber Smith & Wesson handgun, which, according to his indictment, was stolen from Brady's father, Jimmy Brady Sr. — and selling or transferring it to Marvin Banks.

Brady pleaded guilty June 27 in 12th District Circuit Court. He was sentenced to serve five years on the weapon charge. He also pleaded guilty to an aggravated domestic violence charge and was sentenced to 10 years. He was ordered to serve three years on the domestic charge, with five years of post-release supervision.

Cornelius Clark, the third person believed to be in the car with Marvin Banks and Calloway, was arrested May 10, 2015, and charged with first-degree hindering prosecution.

He is accused of trying to hide physical evidence in the shooting, allegedly disposing of the shirt he was wearing when the officers' shootings occurred to keep from being recognized as police searched for suspects.

He has remained free on $75,000 bond since June 10, 2015. His initial trial date was scheduled for April 27, but has been continued. He was ordered to undergo a mental evaluation to see if he is capable of standing trial.

Abram Wade "Pete" Franklin was arrested May 13, 2015. He was charged with first-degree hindering prosecution.

Franklin allegedly tried to hide the fact that Curtis Banks was hiding in his attic, making it more difficult for police to locate him.

Franklin has been out on $75,000 bond, but a trial date has not been set because his case recently was transferred to the 15th District Circuit Court after it was learned his residence sits in Lamar County.