Court moves Babcock trial to Hall County

The trial for accused child killer Robert Babcock will be held in Hall County instead of Donley County following a pre-trial court hearing in Clarendon last Tuesday, December 20.

Babcock is accused of beating his son, who died on January 5. According to previous reports, preliminary results of an autopsy conducted the next day revealed that the boy died from blunt force trauma to the head and that he also suffered internal injuries from trauma to the torso.

District Judge Stuart Messer last week partially granted the defense’s request for a change of venue. Defense attorney Dale Rabe argued for moving the trial to Vernon or Wichita Falls, but District Attorney Luke Inman said he did not agree with moving the trial out of the district.

Judge Messer said the court would first try to impanel an impartial jury in Hall County before it would consider moving the venue further.

Babcock’s attorney also sought permission to prepare questionnaires for potential jurors, and Messer allowed that request but asked the defense to collaborate with the DA’s office in the preparation of the questionnaire.

Messer also granted the defense’s request to independently test the results of tests the state had performed of damage to a wall at the crime scene.

The defense also sought to suppress three statements – interviews of the defendant conducted by the Donley County Sheriff’s Office and the Texas Rangers – totaling 6½ hours of recordings. During the hearing, Sheriff Butch Blackburn and Texas Ranger Jamie Downs testified about interviewing Babcock last January. Both men testified that Babcock had been properly read his rights, that he never asked for an attorney, and that he remained calm throughout the interviews.

Judge Messer himself will review all 6½ hours of recordings before making a ruling on whether to allow them to be admitted as evidence. Messer will also be reviewing autopsy photos that the state intends to use in its prosecution of Babcock.

Also on Tuesday, the court also invoked a rule prohibiting potential witnesses in the case from being the courtroom while other witnesses testify and from discussing the case with anyone except the attorneys in the case.

Babcock remains in the Donley County Jail with bond set at $1 million. His trial is set to begin January 17.