Local News – Monday, October 12, 2020
Dent County Prosecuting Attorney Andrew Curley has issued a press release on the status of the State of Missouri vs Donald Nash. This case concerned the death of Judy Spencer on March 11th of 1982. An initial police investigation determined she had been strangled with her shoelace, then shot in the neck by a shotgun, postmortem. The case remained unsolved for 25 years when in 2007, investigators collected DNA samples from Donald Nash to compare with DNA evidence found on fingernail clippings taken from Spencer’s body before advancements in DNA in 1982. There was also a small amount of DNA evidence on the victim’s shoe. Following the DNA analysis and with much attention given to the DNA under the fingernails, Nash was charged with capital murder in 2008 by then Prosecutor Jessica Sparks. Sparks later withdrew from the case, and a trial was conducted in 2009 with the state being represented by the Attorney General’s Office and the Defendant by private counsel. As a result of the trial, the jury convicted the Defendant of murder. The conviction was originally affirmed by the Missouri Supreme Court, who later appointed a special master to hear evidence for habeas relief requested by the defendant. In June of this year, the Special Master heard evidence about the case and recommended the Supreme Court to vacate the conviction rendered by the jury in 2009 due in part to a change in DNA expert testimony. During those hearings, the DNA expert revised his opinion on the effect of the DNA other than to say it’s more than no effect. On July 3, 2020 the Missouri Supreme Court vacated the sentence and remanded the case back to the trial court due, in part, to this change in testimony. Dent County Prosecutor Andrew Curley inherited the case and with assistance from the Missouri Attorney General’s Office began reviewing the case and discovered the bulk of the physical evidence remained in the custody of the Missouri Highway Patrol. All evidence was resubmitted for DNA re-testing in anticipation of the upcoming trial. Additional DNA testing was performed by the State due to the advancements in DNA technology and to be thorough. The MSHP DNA expert reviewed their previous findings and trial testimony. The expert indicated due to an increase in testing standards now implemented by MSHP laboratory they could no longer testify, as they did in 2009, that it was Donald Nash’s DNA that was located under the victim’s fingernails. Most importantly, the DNA analysis was recently conducted on the shoestring used to strangle the victim. DNA was identified from two male contributors. Donald Nash was then excluded as a contributor to the male DNA located on the shoestring used to strangle the victim. As a result of the change in testimony from the DNA analyst and the existence of genetic material from two unknown males on the shoestring, the charges against Donald Nash have been dismissed by the state. This decision was made following consultation with the prosecutors in the Attorney General’s Office, who concur with Prosecutor Curley’s conclusions and have recommended this same course of action.
An accident happened in Texas County Thursday afternoon at 1:58 on Highway 63 just south of Licking. According to the highway patrol report, a 2001 Dodge Caravan driven northbound by 58-year old Mickey Wilson of Licking, attempted to avoid an animal that came into the roadway. The Caravan was then struck from behind by a 2007 Dodge Durango driven northbound by 61-year old Jerry Hale of Edgar Springs. Hale suffered moderate injuries and was taken to the Texas County Memorial District Hospital in Houston by ambulance. Both Wilson and Hale were wearing seat restraints at the time iof the accident. The Dodge Caravan sustained moderate damages and was towed from the scene by Jay’s Automotive of Houston. The Dodge Durango had moderate damages but was driven from the scene.
The Missouri Department of Transportation maintenance crews will be making driving surface improvements next week along Interstate 44 in Crawford County. The concrete replacement will take place in the eastbound and westbound lanes between from the Phelps County line to the Franklin County line. One lane in each direction will be closed in work areas between 6:30 in the morning and 5:00 in the afternoon starting this Tuesday and running through Thursday, October 15th. MoDOT appreciates the patience of motorists traveling through the area. Drivers are advised to watch for workers on the road, avoid distractions and obey all traffic signs. This work is weather permitting and could be delayed. For more information about this project or other transportation-related matters, please call 1-888-ASK-MoDOT (275-6636).