Billy Dale Green Retrial: Could Charges be Reinstated Against Son?

NEWPORT, AR (KAIT) -- A Randolph County man convicted of murdering a Dalton family almost ten years ago was back before a judge on Monday.

Billy Dale Green's capital murder conviction was overturned in 2006 by the Arkansas Supreme Court.

A motion hearing on Monday brought the man convicted in the murders of a Dalton family to a courtroom in Jackson County.  59 motions were filed by the defense, but it was a motion by the prosecution that caught the most attention.

"The state's decided to reinstate charges of four counts of capital murder against Charles "Chad" Green," said 3rd Judicial District Prosecuting Attorney Henry Boyce.

Billy Dale Green is already charged with four counts of capital murder for the July 1998 murders of Carl and Lisa Elliot and their two children Felicia and Gregory Elliot and one count of kidnapping.  Boyce said Green's son Chad Green originally made a plea deal with the state for his cooperation and to testify against his father and is currently serving a 40 year sentence.

"We have learned that Chad Green has become uncooperative with us in violation of the terms of his original plea agreement.  Therefore we asked the court to revoke that plea agreement and reinstate all the charges against him," said Boyce.

The state is also asking that, if reinstated, the trial for Chad Green be joined with his father's trial.

"If the judge reinstitutes the charges he would be appointed a lawyer and certainly two months isn't along enough to prepare for a murder defense," said Boyce.

The prosecution is seeking the death penalty for Billy Dale Green.  They say they will seek the death penalty for Chad Green if the charges against him are reinstated.

The next day in court for Green will be May first at that time his son Chad Green is also supposed to be present.  The court has appointed Ray Spruell to represent Chad Green at the motion hearing.

Billy Dale Green's retrial is currently scheduled for August 18th.

The family of Carl Allen Elliot was in court on Monday.  They say they don't really want to be there, but have to go through this.