Accused Dalton Family Killer in Court Today

POCAHONTAS, AR (KAIT) -  He was a capital murderer but then his conviction was overturned, making him nothing more than once accused.  Now, Billy Dale Green will be back in court for a retrial in the murder case.

The re-trial of Billy Dale Green will begin May 5 or 6 in Pocahontas, according to a spokeswoman with Prosecutor Henry Boyce's office, but Green will have a pre-trial motion hearing today at the Jackson County Courthouse in Newport.

In 2004, Green was convicted of four counts of capital murder and one count of kidnapping in the July 29, 1998 attacks on Carl Elliott, his wife Lisa, and their two children, ages 8 and 6.

However, in March of 2007, the Arkansas Supreme Court ruled in a 4-3 vote that the trial judge was wrong to have allowed evidence regarding Green's reputation and "other bad acts evidence."  The court ordered that Green have a new trial.

The re-trial was originally scheduled for September 2007, but was later delayed.  Meanwhile, in July of last year, Green was moved from death row to an isolation cell in the Arkansas Dept. of Correction's Varner Supermax Unit.  He remains in prison due to a drug conviction.