Joanie Calloway granted 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 been granted a change of venue for her trial.
The two officers were shot during a traffic stop May 9, 2015, and died later that night at Forrest General Hospital.
12th District Circuit Judge Bob Helfrich granted the motion Wednesday morning at Forrest County Courthouse.
"I think I am bound to grant this motion," he said.
Helfrich said he would get in touch with courts outside the viewing/circulation area of local media to see which would be available for trial. Once a new venue is located, a new trial date will be set.
Calloway was not present during the hearing.
Her attorney, Forrest County Assistant Public Defender Andres Wallace, filed a motion Dec. 19 asking the court for a change of venue, citing pretrial publicity.
"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 Pine Belt citizens 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 accused murderer 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."
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.
Calloway was indicted for her role in trying to get accused 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.
Calloway has been out on bond since July 17, 2015. Her trial date was set for Jan. 18 in Forrest County Circuit Court, along with Douglas Diquan McPhail, Anquanette L. Alexander and Brodrick Kendell Varnado Jr. None has requested a change of venue.
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