HUNTSVILLE - An attempt by the State of Tennessee to come to a plea agreement with murder suspect Charles Ray Harvey apparently fell through at the last minute, leaving both sides scrambling to take the necessary steps to prepare for a murder trial, which had been scheduled for a July 26 start.
The trial will not start on that date, Criminal Court Judge Shane Sexton ruled on Monday. Instead,
the case will be called on July 30, at which point a trial date will be set.
Harvey, who is charged with first degree murder for the July 2003 shooting death of his daughter's husband, Armando Loredo, appeared in court on Monday along with his appointed attorney, Tom Barclay. Several members of the victim's family were also on hand, apparently anticipating a plea to be entered by Harvey.
District Attorney General William Paul Phillips told Judge Sexton that "attorneys have been working on the assumption of an agreement (but) it appears today we do not have an agreement."
Barclay told the court that he had spent the past "couple of weeks" working extensively towards an
agreement with the state, but that an agreement could not be reached. He said that because he had
been spending his efforts on working towards the agreement, he would not be prepared for the trial
to begin on July 26.
The state also would not be ready to make its case on July 26, as they had to prepare for out-of-state witnesses to be called, a process that was not underway because the state had been working on the assumption that an agreement would be worked out. The process, Phillips stated, would take up to six weeks.
In another matter, Barclay told Judge Sexton that Harvey had informed him that Harvey's family was
seeking private counsel. Harvey, speaking before Judge Sexton, said that his family had spoken to
an attorney from Lawrenceburg, Mississippi, and that he would be able to be present on July 26. Deputy District Attorney John Galloway, Jr. said, however, that he had spoken to that attorney and that the attorney had not been retained by Harvey.
In setting the case to be called on July 30, Judge Sexton told Harvey that he would not have to be
present, but if he was going to retain private counsel, the attorney would have to either be present at that time or have contacted the District Attorney General's Office in advance. If that happened, he said, Barclay would be relieved of his duties as Harvey's counsel. Otherwise, he said, Barclay would continue to represent Harvey.
Harvey had previously requested at a March 18 hearing that the court appoint an attorney to replace Barclay, who he felt was not fairly representing him. Judge Sexton denied that request.
Harvey is charged along with his daughter, Vanessa Loredo, in the murder, which took place in late July 2003. Authorities maintain that Harvey and Loredo conspired to murder Armando Loredo, who Vanessa said was abusing her. It is alleged that Harvey shot Loredo in the head during an overnight camping trip in the New River area and that he and Vanessa Loredo weighted the body with rocks and placed it in the river, later returning to further weight the body with cinder blocks after it had floated to the surface of the river.
The body was discovered by fishermen on July 18, 2003. Harvey was arrested on July 23 in Campbell County, while Loredo was arrested on July 28 in Clinton. In addition to first degree murder charges, Harvey was also indicted on a charge of conspiracy to commit first degree murder.
The state has apparently reached a plea agreement with Loredo, though the details of that agreement have not been disclosed. At the March 18 Criminal Court hearing, Phillips told Judge Sexton that the state had "reached an agreement" with Loredo and that she would be testifying against Harvey during his trial, after which "her matter would be taken care of."
news@ihoneida.com
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