POCAHONTAS, AR (KAIT) -- Four years after entering a plea deal with the state, charges against Charles "Chad" Green are reinstated.
Last week the prosecution asked that the plea deal be revoked and charges reinstated because Green wasn't cooperating with the state.
After the Arkansas Supreme Court overturned Billy Dale Green's conviction in 2006, his son Chad Green was brought back to Randolph County to meet with the prosecutor. According to court testimony on Thursday Green refused to speak with the prosecution, something they say is in violation of his plea agreement.
"His original guilty plea agreement was given in exchange for his agreement to cooperate fully in the prosecution of his father, which he has now failed to do," said Henry Boyce.
For his alleged role in the murders of the Elliot family of Randolph County, Chad Green will face four counts of Capital Murder and one count of kidnapping with the potential for the death penalty.
"He's indicated that he will take the 5th Amendment or exercise his right not to testify in his father's trial. We have his previous sworn testimony that we intend to use against Billy Green," said Boyce.
During the hearing, the prosecution called Chad Green to the stand but he took the 5th Amendment refusing to answer any questions.
The defense attorney's for Chad Green, including Ray Spruell of Jonesboro and Jeff Rosenzweig of Little Rock say they don't agree with the judge's ruling.
"Our position is that the original ruling should have remained in effect," said Jeff Rosenzweig.
In fact, they say Green has already fulfilled his plea deal by testifying in his father's first trial.
"This is the first time this issue has come up in Arkansas so we just presented our case and it's not the last word," said Rosenzweig.
There is no precedent in the state of Arkansas for a motion like this one and because of that the defense attorney's are going to take this case to the Arkansas Supreme Court.