(AP) A new trial is scheduled to begin Monday for Roger Dale Hayes, who had been sentenced to die by lethal injection for the 1980 throat-slashing death of a 9-year-old Guthrie girl.
Carrie Kendall was raped and her throat slashed sometime after she left her Guthrie home the afternoon of Dec. 14, 1980, to buy a newspaper.
District Judge Ray L. Wall on Sept. 22, 1981, ordered the new trial for Hayes because a juror, Nathan Welch, took part in the search for the girl after she was reported missing.
Welch also supplied horses for officers who searched for evidence near the oil lease site where the girl's body was found, according to the judge's order for a retrial.
Logan County Assistant District Attorney Larry Brooks said Sunday the retrial was scheduled to begin at 9 a.m. before Judge Wall.
Guthrie Police Chief Jerry Hughes had testified during Hayes' trial that Welch had ridden a horse during the search for Kendall's body and had been told nothing more than "they were looking for a missing little girl," the judge's ruling said.
During jury questioning, the judge's ruling continued, the defendant didn't have knowledge of Welch's involvement.
Hayes, a Missouri drifter in Guthrie who was visiting relatives at the time of the killing, was convicted in March, 1981. BIOG: NAME:Archive ID: 68577