JULY 11, 2006 - Posted at 8:28 a.m. CDT
LITTLE ROCK, AR - A man whose capital murder conviction was overturned by the Arkansas Supreme Court has been moved from death row.
Billy Dale Green had been convicted in 2004 of four counts of capital murder and one count of kidnapping in the July 29, 1998, attacks on 30-year-old Carl Allen Elliott, his 27-year-old wife Lisa; and their two children, eight-year-old Felicia and six-year-old Gregory.
In a March ruling, the majority, in a four-to-three vote, found that the trial judge was wrong to have allowed evidence regarding Green's reputation and "other bad acts evidence."
The high court ordered that Green have a new trial.
Correction Department spokeswoman Dina Tyler said Green was moved July 5 to an isolation cell at the Varner Supermax Unit. Tyler said Green will remain in prison because of a drug conviction.
Green's new trial is to begin in September, Prosecutor Henry Boyce of Newport said.
The state now has 35 prisoners on its death row.